PRIME Minister Philip “Brave” Davis -Facebook

By LYNAIRE MUNNINGS From The Tribune

PRIME Minister Philip “Brave” Davis said it is ultimately up to the Bahamian people to decide whether the country should adopt the Caribbean Court of Justice (CCJ) as its final court of appeal, amid renewed regional pressure for CARICOM states to move away from the UK-based Privy Council.

#His comments follow an appeal by Barbados Prime Minister Mia Mottley during the recent CARICOM Heads of Government meeting, where she urged member states to fully embrace the CCJ as a final appellate body, arguing it is a step toward judicial and regional independence.

#“Bahamians would have to decide whether they wish to go there or not,” Mr Davis said. “I would have no objection if we go, if we stay same thing.”

#Under the Bahamian Constitution, any decision to adopt the CCJ as the country’s highest court would require a national referendum, an approach that has proven politically and publicly challenging in the past.

#Mr Davis recalled his own involvement in early discussions about the CCJ’s creation. “I was a part of the Caribbean jurisprudential committee that discussed the formation of the CCJ, and it is performing great work for the community,” he said.

#The CCJ, headquartered in Trinidad and Tobago, was established in 2001 and began hearing cases in 2005. It was designed to replace the Judicial Committee of the Privy Council in London as the final appellate court for CARICOM member states. It also adjudicates cases relating to the CARICOM Single Market and Economy.

#To date, only four countries, Barbados, Belize, Dominica, and Guyana, have adopted the CCJ as their final appellate court. Others, including Jamaica and The Bahamas, continue to rely on the Privy Council. Jamaica uses the CCJ only for matters involving the regional integration framework.

#In The Bahamas, the Court of Appeal is the highest domestic court, established under Article 98 of the Constitution. It currently comprises a President and five justices. However, the Privy Council in London remains the ultimate judicial authority for Bahamian appeal

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