Court Of Appeal Dismissess Challenge In Relation To NIB Chairman Appointment

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Court Of Appeal Dismissess Challenge In Relation To NIB Chairman Appointment

The Ministry of Finance says Friday morning the Court of Appeal dismissed a challenge brought by Ravi Balgobin Maharaj against the Minister of Finance in relation to the appointment of Patrick Ferreira as the Chairman
of the National Insurance Board of Trinidad and Tobago.

In dismissing Maharaj’s appeal, the Court of Appeal found, among other things that: “The trial judge was correct to dismiss the application and there is nothing in the Act which prohibits the appointment of Mr. Ferreira as chairman of the NIB.

The application for judicial review is misconceived and the appeal must be dismissed.”

The Court of Appeal also clarified that, in relation to appointments on the Board of the NIB, “the input of Business, Labour and Government is simply to nominate them.

Once nominated the directors are autonomous and function on behalf of the NIB and no one else.

On that basis alone, Mr. Ferreira’s service on the NIB board as nominee of the Government cannot taint or
compromise his subsequent appointment as chairman.”

Further, the Court of Appeal upheld a key finding of the trial judge in the High Court,
namely that: “the Minister took relevant matters into account in making the appointment and his decision was justifiable by subjective and objective standards.

The Minister’s decision was therefore, within the scope of the Act, lawful and reasonable.