COMMENTARY: Is There Rule of Law In Antigua and Barbuda

A profound examination of Antigua and Barbuda’s constitutional framework has revealed critical vulnerabilities in the nation’s governance structures, raising urgent questions about the equitable application of rule of law principles. Political commentator Yves Ephraim has initiated a compelling discourse on constitutional reform, highlighting how the current document contains provisions that ostensibly guarantee citizen rights while simultaneously creating legal loopholes enabling state overreach.

The foundational concept of rule of law, historically established through the Magna Carta, asserts that no individual or institution should be above legal accountability. This principle requires uniform application of justice regardless of status or position—whether ordinary citizen or high-ranking official. Recent developments, however, suggest troubling disparities in law enforcement practices that undermine this fundamental democratic tenet.

A particularly concerning incident involves the destruction of property belonging to the opposition leader at Morris Bay, which prompted the Prime Minister to publicly suggest police investigation of the opposition figure. While the police subsequently initiated questioning, observers note a contrasting lack of urgency in addressing the Prime Minister’s own allegations of widespread fraud within the public sector regarding unauthorized vehicle purchases.

This selective enforcement pattern raises critical questions about the independence of the Police Commissioner’s office, previously believed to operate as an autonomous entity free from political influence. The apparent discrepancy in investigating different allegations—despite comparable evidentiary basis—suggests either institutional weakness or political manipulation of law enforcement mechanisms.

The emerging pattern indicates systemic issues that could fundamentally erode public trust in democratic institutions if left unaddressed. The situation demands comprehensive constitutional review to establish clearer safeguards against state overreach and ensure consistent application of legal principles to all citizens equally.