Should Adrian Gibson Resign?

NASSAU, BAHAMAS – After months of speculation, sitting Long Island Member of Parliament Adrian Gibson was charged with 56 corruption related charges, Monday. Now that Gibson is free on bail, the question some are asking is whether he should, or has to resign? Jared Higgs tells us legally, he isn’t obligated to resign.

A good place to start is Article 48 (1)(f) of the Constitution which states, “No person shall be qualified to be elected as a member of the House of Assembly who is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding 12 months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended.”

Constitutionally, there is nothing disqualifying Gibson from being a member of parliament.

In any event, there are whispers of a potential by-election.

Gibson’s arraignment is no doubt a noteworthy moment in Bahamian political life. The Nassau Guardian’s Executive Editor Candia Dames points out in her weekly editorial, National Review, that this is the first time that a sitting member of parliament has been charged in 33 years.

The last one was former Acklins and Crooked Island MP Wilbert Moss who was charged and eventually convicted for trying to bribe a magistrate.

Prior to that, in 1956, Former Cat Island MP William Bill Cartwright pleaded guilty to four counts of stealing and false pretenses. He ended up resigning his seat.

In Gibson’s case, he and his five co-defendants weren’t required to enter a plea to the charges, as they will be tried in the Supreme Court. They are innocent until proven guilty.

Gibson’s arraignment came nearly five years after three former Progressive Liberal Party parliamentarians were arraigned on corruption charges.

Former minister Shane Gibson was acquitted, as was former senator Frank Smith. Former minister Kenred Dorsett had the charges against him dropped in March. None of those PLP MPs were sitting members when they were charged.