PNP's Paul Buchanan loses latest bid to overturn Holness victory in St Andrew West Central

The Supreme Court has dismissed Paul Buchanan's latest attempt to overturn the election result for the St Andrew West Central constituency, which was won by Prime Minister Dr Andrew Holness in September's general election.

Buchanan, of the Opposition People's National Party filed an application for permission to seek judicial review of the decision of the Constituted Authority not to apply to the Election Court to void the results of the September 3 poll.

Justice Sonya Wint-Blair, in delivering the decision on Monday, ruled that the application was not arguable and was subject to a "knock-out blow" in the law.

The court found that the mandatory statutory time period for challenging the election results had expired and that the October 8 judicial review application was futile.

The judge said even if the court granted the orders compelling the Constituted Authority to refer the matter, the outcome would be void because the law prevents the court from extending the time set by Parliament for such electoral challenges.

"In electoral matters, time is of the essence. Therefore, not only must this court be satisfied that the threshold test for leave has been surmounted, but there must also be an overlay of electoral realities as a matter of law," the judge said. She concluded that "the threshold test has not been surmounted."

The Constituted Authority is a special independent public body created under Jamaica’s election laws to protect the integrity of national elections by deciding whether a flawed election should be sent to the Election Court, which could void results.

The statutory period for the Constituted Authority to apply to the Election Court to void the taking of a poll is fourteen days from the date the poll was taken.

Buchanan has alleged numerous irregularities with the poll in St Andrew West Central on September 3. Among other things, he pointed to the concerns about the Electronic Voter Identification System and the process to identify voters. But the Constituted Authority dismissed his complaints.

"In this application, this court is being asked to make orders compelling the authority to apply to have the election result voided; however, this court has not received material evidence from the candidate concerning the delay in making the request to the authority," Justice Wint-Blair said.

Judicial review allows courts to scrunitise the legality of decisions taken by public authorities, and not the merits of the decision.

"It is for Mr Buchanan to show that there are grounds for judicial review in the decision-making process of the authority, as the court is not concerned to correct the decision made by the authority," the judge noted.

Wint-Blair also saod Buchanan did not provide details on his "inaction" during the period since the election date.

"This period of inaction between September 3 -15, 2025, remains unexplained by Mr Buchanan," the justice said.

The election took place on September 3, with the 14-day statutory window for the Constituted Authority to apply to the Election Court opening next. Buchanan did not submit his request to the authority until September 16, virtually on the eve of the deadline.

Following the authority's refusal on September 30, Buchanan submitted his application to the Supreme Court on October 8.

"The unexplained delay in taking any steps to prosecute the electoral matter did not make judicial review an effective remedy when viewed within the legislative scheme," Justice Wint-Blair said.

In its October 1, decision, the Constituted Authority said Buchanan relied on Section 37(e) of the Election Petition Act, which deals with violence or irregularities capable of distorting or subverting the process of free and fair elections. It concluded, however, that the evidence presented did not meet the threshold required under the statute.

Holness won the seat with 7,054 votes to Buchanan’s 4,953. The margin prompted public debate because Holness had been trailing by nearly 100 votes after 87 of the 105 ballot boxes were counted. The remaining 18 boxes, which shifted the outcome, came from polling stations at Seaward Gardens Primary and Infant School, according to the director of elections.

Buchanan, was represented by a legal team including Hugh Wildman, Shemar Bryan, Arnaldo Brown, Maurice McCurdy, and Stacey Knight. They were instructed by Hugh Wildman & Co.

The respondent, the Constituted Authority, was represented by Lisa White, Deputy Solicitor General, and Mr. Duncan Roye, acting under instructions from the Director of State Proceedings in the Attorney General's Chambers.

More details to come.

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