The Court’s Ruling is Final

Though the People’s Progressive Party/Civic is mulling a move to take the election challenge case to the Caribbean Court of Justice (CCJ), Attorney General and Minister of Legal Affairs, Basil Williams has reminded that the Court of Appeal’s decision on the matter is final.

According to Article 177 (4) of the Constitution: “The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as the question depends upon the qualification of any person for election or the interpretation of this Constitution; and any decision of that Court under this paragraph shall be final.”

FINAL ACCORDING TO LAW
In an interview with the Guyana Chronicle on Monday, the AG stated that he is unsure why the Court of Appeal would have seen it necessary to grant a three-day stay of its judgement when its decision, according to law, is final. “The election of the President which is reflected in an instrument under the hand of the Chairman of the Elections Commission is final and conclusive and cannot be inquired into in another Court,” he stated. “I don’t why they asked for a stay because Article 177 (4) says quite clearly that any decision made there under was final so that they can’t appeal it and, equally under our Caribbean Court of Justice Act, Chapter 3:07, there’s a provision also which states that the Caribbean Court would not exercise jurisdiction or hear any matter coming from our Court of Appeal which is stated to be final.”

According to Section 4 (3) of the Act: “Nothing in this Act shall confer jurisdiction on the Court to hear matters in relation to any decision of the Court of Appeal which at the time of entry into force of this Act was declared to be final by any law.” The AG added: “Since this is final under 177 (4), the CCJ wouldn’t hear it.”

THE APPEAL COURT HAS JURISDICTION
The AG also explained why the Court of Appeal was correct in its ruling that it does have jurisdiction to hear the application filed. He explained that according to Article 177 (4) of the Constitution, the Court could exercise its jurisdiction where no President was elected and also spoke to the question of conflicted jurisdiction. “The jurisdiction of the High Court relates to the election of Members of the National Assembly and not the President, the President not being a member of the National Assembly. That’s why the Constitution constituted a separate, exclusive jurisdiction in relation to the President and reposed it in the Court of Appeal,” he said.

As the Chief Elections Officer (CEO) is now expected to submit his report to the Commission, the Attorney General said that, in keeping with the Court’s ruling, he can only present votes which meet the credibility requirement. This is so as the Court of Appeal ruled that the words “more votes cast” in Article 177 (2) (b) of the Constitution must be interpreted as “more valid votes cast” in keeping with Order No. 60 of 2020 otherwise known as the national recount Order. The Court said that the recount was not intended to be a mere numerical tabulation of votes but an assessment of the credibility and validity of votes as contemplated in the recount Order. The AG stated: “In ascertaining votes under Section 96 [of the Representation of the Peoples Act], he has to ascertain only valid votes and that’s where he applies the credibility test to the numbers. He has shown already in his first report that the votes were substantially reduced because of irregularities, discrepancies and anomalies.”

Though the Opposition has discredited the role of the CEO in the process, he added that under the Representation of the Peoples Act, the CEO’s report must form the basis for the declaration of the elections. The AG also noted his observation that GECOM Chair, Retired Chief Justice Claudette Singh, throughout her time at the Commission, has allowed her actions to be guided by the decisions of the Court. Williams looks forward to a conclusion of Guyana’s elections which has been ongoing since March 2, 2020. With the Court of Appeal having ruled on the matter, he has urged GECOM to move forward with the national recount process expeditiously.