Buchanan's challenge to PM Holness' 2025 election victory to go to trial

The Supreme Court has cleared the way for Paul Buchanan’s constitutional challenge to the September 2025 general election in St Andrew West Central to proceed to trial in the Constitutional Court on February 8, 9 and 10, 2027.

Justice David Batts, in a ruling on Tuesday, accepted submissions made on behalf of the applicants by attorney Hugh Wildman and agreed that there are issues in the matter that must be determined at trial.

Buchanan is seeking to have the election, which was won by Prime Minister Dr Andrew Holness, declared void and a fresh poll ordered.

The constitutional claim alleges several irregularities, including double voting, voter intimidation and breaches of ballot security. Buchanan is also seeking damages for alleged breaches of his constitutional rights.

The People's National Party candidate is seeking declarations that the election was illegal and void, an order for a fresh poll and costs. The claim is based on the Charter of Fundamental Rights and Freedoms, which guarantees the right to free and fair elections.

Buchanan is joined in the claim by Everton Sands, an outdoor agent and driver. The director of elections and the attorney general are named as defendants.

In supporting affidavits, Marsha Powell and Sands outlined several alleged irregularities on election day, September 3, 2025.

Powell, who served as a cluster manager at Seaward Primary School, alleged that some voters received additional ballots after reporting their original ballots as spoilt. She also claimed that People's National Party agents were threatened by Jamaica Labour Party supporters and that ballot boxes were left unattended during the counting process.

Sands, meanwhile, raised concerns about the Electronic Voter Identification System, alleging that some electors were turned away after their names could not be found on the voters' list. He also claimed that ballot boxes were transported along unauthorised routes.

The latest development comes weeks after the Court of Appeal dismissed Buchanan's appeal against a ruling refusing him permission to seek judicial review of the Constituted Authority's decision not to refer the election to the Election Court. That bid was dismissed on the basis that the statutory deadline for challenging the election had expired.

Holness retained the seat with 7,054 votes for the Jamaica Labour Party to Buchanan's 4,953, with the final 18 ballot boxes shifting the outcome.

- Tanesha Mundle

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