The law does not allow for the Chief Election Officer to pronounce upon the credibility of elections

Dear Editor,
It has been reported that Keith Lowenfield, the Chief Election Officer of GECOM, has taken the liberty to pronounce on the credibility of the March 2020 General and Regional Election. The requirement and specified duties of Lowenfield to submit this report is contained in paragraph 12 of the Order upon which the recount was legally premised. Paragraph 12 states, “The matrices for the recount of the (10) Electoral Districts shall be submitted in a report, together with a summary of the observation reports for each District, to the Commission.”

The matrices referred to in paragraph 12 is the tabulation of votes for each Electoral District (see Paragraphs 10 and 11 of the Order). The Order contains no requirement for Lowenfield to tender his opinion on anything in this report, let alone pronounce on the credibility of the election. Lowenfield’s opinion on the credibility of the election is unlawful, ultra vires and quite frankly irrelevant.

Simply for the sake of being comprehensive, the Supreme Law of Guyana (the Constitution) is crystal clear that the determination of the credibility of an election, inter alia, is the “exclusive jurisdiction” of the High Court and this, pursuant to the Validity of Elections Act CAP 1:04, is advanced through a petition.

This was recently re-confirmed by the Court of Appeal decision in the Ulita Moore matter in which Lowenfield was a party to the proceedings so it may or may not be surprising that he is unfamiliar with this point. Nonetheless, as we bring this entire national trauma to an end, the Elections Commission is required to hold an election on the day so proclaimed by the President (see Art. 61) even in circumstances where there is a state of emergency or an outbreak of a war (see Art. 70) and make a declaration of a winner even in circumstances where there is a tie by the drawing of lots (see Art. 177 of the Constitution).

It has been over three months of this election saga and the country is ready to move on so the desperation of a few persons to remain in power should not hold hostage the lives of everyone else over a mere election. It is time for the APNU-AFC to get over it and get on with life.

Yours truly,
Charles S. Ramson