DOMINICA: Linton Wins Constitutional Challenge Over Opposition Leader Appointment in Dominica

Former Opposition Leader Lennox Linton has secured a significant constitutional victory against the Attorney General of Dominica, with the High Court ruling that the President acted unconstitutionally by failing to consider the support of Opposition Senators when determining who should be appointed Leader of the Opposition.

According to a media statement issued by Linton, Justice Zainab Jawara-Alami ruled that the President acted outside the Constitution by failing, for approximately 18 months, to recognise or take into account the support of four Opposition Senators following the resignation of Jesma Paul-Victor as Opposition Leader on June 20, 2024.

“The failure of the President to recognize and/or take into account the support of the four Senators in determining who should be appointed Leader of the Opposition following the resignation of Ms. Jesma Paul-Victor was unconstitutional,” the Court declared.

A central issue in the case was whether appointed Senators could play a role in determining who commands sufficient support to become Leader of the Opposition.

The Attorney General argued that appointed Senators had no constitutional role in that process and that the President was not required to consider their views.

However, Justice Jawara-Alami rejected that interpretation, finding that once Senators are appointed, they become full members of the House of Assembly and possess the same constitutional rights and functions as elected members unless the Constitution specifically provides otherwise.

The Court consequently found that the support of the four Opposition Senators was constitutionally relevant and should have been considered.

The judge also ruled that once an elected member satisfied the requirements under Section 66(2) of the Constitution, the President had a mandatory rather than discretionary duty to appoint a Leader of the Opposition.

The Attorney General had maintained that the Court should only intervene if the President’s actions were irrational or unreasonable and argued that the President was entitled to decline to make an appointment. Those arguments were also rejected.

The legal proceedings continued despite Paul-Victor being appointed Leader of the Opposition in January 2026.

Following her appointment, the Attorney General sought to have Linton’s case dismissed on the basis that the matter had become academic since the vacancy had been filled.

The High Court refused, finding that important constitutional questions remained unresolved and were of significant public importance.

Justice Jawara-Alami underscored the importance of the Opposition Leader’s office to the country’s democratic system.

“The office of leader of the opposition is an essential part of the constitutional and democratic framework of the country and serves an important role in ensuring accountability within a democracy,” the Court stated.

The Court also rejected a challenge to Linton’s standing to bring the proceedings.

According to Linton’s statement, the Attorney General had characterised his involvement as “meddlesome interloping masked under the guise of legitimate concern” and argued that his interest in the matter was too abstract to establish standing.

The judge disagreed, finding that individuals acting in the public interest are entitled to seek constitutional and administrative relief and that Linton had sufficient standing to pursue the case.

Reacting to the judgment, Linton described the decision as a victory for constitutional governance and democracy in Dominica.

“This victory belongs to every Dominican who believes that public power must be exercised lawfully; that the Opposition has an indispensable role in our democracy; and that the Constitution must remain superior to political convenience, executive preference and partisan maneuvering,” Linton said.

“Today, the Constitution won. Democracy won. Accountability won.”

Linton was represented by Senior Counsel Anand Ramlogan, Jared Jagroo and Vishaal Siewsaran of Trinidad-based Freedom Law Chambers, instructed by Dominican attorney Ronald Charles.

The Attorney General was represented by Senior Counsel Anthony Astaphan, Jason Lawrence, Tameka Burton and Levi Peter.