I call upon The Hon. Evans McNiel Rogers to remove, once and for all, the considerable doubt that exists in respect of his constitutional eligibility to sit in the Anguilla House of Assembly as the elected member for the Valley North Constituency.

Mr. Rogers must show proof, which he has so far failed to do, that he has, in fact, relinquished his U.S. Citizenship. As a public figure, he is under a political and moral obligation to practise openness, transparency and accountability.

By Edison Baird, MA Elected Representative of the

Section 37 (1) (a) of the Constitution of Anguilla excludes a particular category of persons from sitting in the House.

“No person shall be qualified to be nominated or elected as a member of the Assembly who

(a) is, by virtue of his own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state”.

Mr. Rogers became a U.S. Citizen by virtue of his own deliberate act on the 29th September, 1999. His naturalization took place in the State of Missouri, U.S.A.

Presumably aware of the prohibitive power of section 37 (1) (a), and wishing to be a candidate in the February 21st, 2005 general election, Mr. Rogers appeared before a Consular Officer at the U.S. Embassy in Bridgetown, Barbados, on February 2nd, 2005, a mere nineteen (19) days before the general election. There, he took the oath of renunciation of his U.S. Citizenship.

In his various speeches during the election campaign, he claimed that he was no longer a U.S. Citizen and therefore eligible to contest the 2005 general election because he had signed the oath of renunciation.

The Department of State warns and makes clear that the signing of an oath of renunciation of citizenship, in and of itself, does not free one from his U.S. Citizenship.

It is only one of the elements in the process of relinquishing it.

In Accordance with SECTION 358 of the Immigration and Nationality Act, while persons seeking to renounce U.S. Citizenship submit the necessary documentation to a U.S. Consular Officer at a U.S. Foreign Service post abroad, the decision whether to approve the renunciation is made by the Department of State in Washington DC. Accordingly, unless and until a certificate of loss of nationality is approved by the U.S. Department of State, the oath of renunciation even though signed by the individual is not legally effective in terminating the person’s U.S. citizenship.

Up to this day, Mr. Rogers has never placed his Certificate of Loss of Nationality, if, in fact, he has one, in the public domain for examination, despite the rising tide of doubt regarding its very existence.

Mr. Victor F. Banks is the Leader of the Anguilla United Front (AUF), a Political Party of which Mr. Rogers is a member. In an interview with Mr. Haydn Hughes of the "On The Spot" talk show programme, on October 8th, 2009, Mr. Banks reluctantly admitted that he had never seen Mr. Rogers’ Certificate of Loss of Nationality. Mr. Banks, nevertheless, claimed that Mr. Rogers had relinquished his U.S. Citizenship a year before the general election, despite the fact that Mr. Rogers only commenced the process of relinquishing his U.S. Citizenship on the 2nd February, 2005.

In the said ‘On the Spot’ talk show programme, hosted by Haydn Hughes, Mr. Banks surprised everyone by stating that it was up to Mr. Rogers to make the decision as to whether to place his Certificate of Loss of Nationality in the public domain. Mr. Banks was clearly implying that he was under no obligation as party leader to direct Mr. Rogers to end the controversy swirling around him by placing his Certificate of Loss of Nationality, if, in fact, he has one, in The Anguillian.

The people of Anguilla have a right to know whether or not their elected representatives are sitting in the House of Assembly unconstitutionally. After all, elected representatives make important decisions that impact the island as well as the lives of its people.

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