APNU/AFC rejects CCJ’s judgement on valid votes

In its latest act of defiance, the David Granger- led APNU/AFC Coalition has rejected the judgement of the Caribbean Court of Justice (CCJ) in which the court stated clearly that the recount figures constitute valid votes and must be used as a basis of a final declaration of the results of the March 2 General and Regional Elections.

The CCJ, in its ruling, had contended that no person or authority can invalidate any vote, and had stated that questions in relation to ‘invalid’ votes must be addressed by Guyana’s High Court via an elections petition after the results of the elections have been declared.

In any case, on the night of the elections, after the close of polls, and similarly during the Recount process, only valid votes were counted and tallied. Votes that were deemed ‘rejected’ were placed in a separate envelope. The process for this is outlined in the Representation of the People Act (ROPA).

However, APNU/AFC in a release on Wednesday, restated its false claim that the Elections Commission can make a declaration based only on the Returning Officer’s figures, and not the National Recount figures.
It stated that the party has taken note of the ruling of Chief Justice Roxane George on Monday in the Misenga Jones v The Guyana Elections Commission (GECOM) et al case, and claims that that party remains committed to the judicial process.

However, in the same sentence, the APNU/AFC noted that an appeal has been filed on 18 grounds in the Court of Appeal. It is its own party agent, Misenga Jones, who is seeking to set aside the judgment handed down by Chief Justice Roxane George.

“The APNU+AFC coalition is resolved to ensure that fraudulent votes cannot be factored in to represent the will of the electorate. Any attempt to include fraudulent votes in a ‘declaration’ will constitute a violation of the Constitution and the fundamental principles of democracy. We maintain that the Elections Commission can only make a ‘declaration’ based on valid votes,” the party falsely claims.

The APNU/AFC statement went on to narrate its false claims of irregularities and fraud, but in the same breath claimed that it is prepared to “act responsibly to bring a resolution to the ongoing political situation.”
Only on Tuesday, the party’s members, de facto Foreign Affairs Minister Karen Cummings and Attorney General Basil Williams, has lied to the Organisation of American States (OAS) Permanent Council. Williams claimed in his statement to the OAS that the Caribbean Court of Justice (CCJ) did not rule that the Recount results must be used as the basis for the elections’ declaration.

“The CCJ never made a ruling that the results of the Recount must be used by GECOM to determine the results of the elections. that was never a decision of the CCJ,” Williams told the OAS Permanent Council, which called the meeting to discuss the electoral crisis in Guyana.

However, unlike what was peddled by Williams, the CCJ had in fact endorsed the Recount process, and made it clear that it must be the basis on which a declaration is made by GECOM.
The CCJ President, Justice Adrian Saunders, in delivering the court’s judgement on July 8 in the Irfaan Ali et al v Eslyn David et al case, had said: “Unless and until an election court decides otherwise, the votes already counted by the Recount process as valid votes are incapable of being declared invalid by any person or authority.”

Williams also told the Permanent Council that caretaker President David Granger has given an undertaking that he would abide by the ruling of the courts. However, APNU/AFC has done anything but abide by the rulings of the court, since it has rehashed and re-appealed matters that are in fact res judicata; that is, already adjudicated by the courts.
Meanwhile, Cummings told the Permanent Council that her APNU/AFC Government, led by Granger, has not interfered with the electoral process.

But it is the Granger-led APNU/AFC coalition, through its supporters, that continues to approach the courts to block GECOM from making its declaration.