The Rt. Hon. Hubert Minnis, Prime Minister of the Commonwealth of the Bahamas and 4 others (Respondents) v Dahene Nonard (Appellant) (Bahamas)

Case summary

Case ID

JCPC/2026/0025

Jurisdiction

Bahamas

Parties

Appellant(s)

Dahene Nonord

Respondent(s)

THE RT. HON. HUBERT MINNIS, PRIME MINISTER OF THE COMMONWEALTH OF THE BAHAMAS, The Hon. Brent Symonette, Minister of Immigration, The Board of Immigration, Mr Clarence A. Russell, Director of Immigration, Carl W. Bethel Q.C., Attorney General of Bahamas

Issue

Is a written judgment delivered by a retired Justice after leaving office as a Justice of the Supreme Court of the Bahamas valid?

Facts

The appellant, who is the daughter of two Haitian citizens who reside lawfully in the Bahamas, applied in September 2013 to the Department of Immigration for registration as a citizen of The Bahamas. In July 2018, she applied for leave to apply for judicial review owing to the delay in processing her application, and sought damages for misfeasance in public office and breaches of her constitutional rights. In June 2019, she received a letter informing her that her application had been approved. She was sworn in as a citizen of The Bahamas in July 2019. The matter came to trial before Bowe-Darville J in the Supreme Court of The Bahamas in February 2021. Judgment was reserved, and in December 2021, Bowe-Darville J left her office as Justice of the Supreme Court of The Bahamas. The Chief Justice handed down Bowe-Darville J’s judgment in August 2024, finding that the appellant had been subject to discriminatory and degrading treatment and an unjustified delay of 6 years because she was of Haitian parentage. The appellant was awarded $575,000 plus interest and costs for breaches of her Constitutional rights and misfeasance in public office. The respondents appealed against this decision to the Court of Appeal. By a majority ((Turner JA dissenting), the Court of Appeal held that the judgment of Bowe-Darville J was unconstitutional and void, so it should be set aside and the case remitted to the Supreme Court for a re-hearing and fresh determination. The appellant now appeals to His Majesty in Council.

Date of issue

23 March 2026

Case origin

Appeal As of Right

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