Paul Buchanan has launched a new legal challenge to the September 2025 election result in St Andrew West Central, filing a constitutional motion seeking to have the poll declared void and a fresh election ordered after Prime Minister Dr Andrew Holness retained the seat.
The claim, filed in the Supreme Court on Friday, lists Buchanan as the first claimant and Everton Sands, an outdoor agent and driver, as the second claimant. The director of elections and the attorney general are named as defendants.
Buchanan, a land economist who contested the election, alleges the poll was marred by irregularities, including double voting, voter intimidation and breaches of ballot security. He is seeking declarations that the election was illegal and void, an order for a fresh election, damages for alleged breaches of his constitutional rights and costs.
The claim relies on Section 13(3)(m)(ii) of the Charter of Fundamental Rights and Freedoms, which guarantees the right to free and fair elections.
Among the allegations are claims that irregularities were concentrated in areas where Buchanan had strong support, ballot boxes were diverted from an approved route on election night, and overcrowding and loud music outside some polling stations intimidated voters.
The constitutional challenge comes two weeks after the Court of Appeal dismissed Buchanan’s appeal against a lower court ruling refusing him permission to seek judicial review of the Constituted Authority’s decision not to apply to the Election Court to void the election.
Supporting affidavits from Marsha Powell and Everton Sands outline alleged irregularities on election day.
Powell, who served as a cluster manager at Seaward Primary School, claims some voters received additional ballots after reporting their first ballots as spoilt. She also alleges PNP agents were threatened by JLP supporters and police struggled to maintain order.
QUESTIONING INTEGRITY
She further claims unauthorised men entered the polling station during counting, ballot boxes were left unattended and the Seaward Drive ballot boxes reached the counting centre more than five hours after polls closed, preventing her from guaranteeing their integrity.
Sands raises concerns about the Electronic Voter Identification System, alleging some electors were turned away after their names could not be found on the voters’ list and that presiding officers declined to use the system, citing malfunctions. He also alleges ballot boxes from the Drewsland Avenue cluster were transported along an unauthorised route, leaving him unable to vouch for their integrity after losing sight of the vehicle.
Holness won the seat with 7,054 votes to Buchanan’s 4,953 after the final 18 ballot boxes shifted the outcome. Buchanan’s earlier judicial review bid was dismissed because the statutory deadline for challenging the election had expired.
Buchanan is being represented by Hugh Wildman.
tanesha.mundle@gleanerjm.com
