Fighting a move to remove him as a candidate for the upcoming March 2nd general and regional elections on the basis of dual citizenship, Liberty and Justice Party (LJP) leader Lenox Shuman is maintaining that the Guyana Elections Commission (GECOM) lacks both the legal authority and objectivity to decide on the issue, while contending that he officially renounced his Canadian citizenship since last December.
In a six-page correspondence sent to GECOM Chairperson Claudette Singh on Friday, attorney, K Juman-Yassin argued that on December 11th, 2019, Shuman, his client, officially renounced his Canadian citizenship, making him fully eligible under Articles 53 and 155 of Guyana’s Constitution to be elected as a member of the National Assembly.
“Mr Shuman had by his own act on the 11th day of December, 2019 submitted to the High Commissioner of Canada at High and Young Streets, Kingston, a renunciation of his Canadian citizenship…,” the letter states, adding that by virtue of this act he was renouncing any acknowledgment of allegiance, obedience or adherence to Canada and is therefore no longer disqualified by Article 155(1) (a).
Juman-Yassin contends that this “renunciation” is sufficient proof that Shuman was not a dual citizen on Nomination Day.
The submission was provided in response to a letter from Singh in which she called on the party to provide evidence in writing showing just cause why Shuman’s name should remain on their list of candidates.
Singh wrote the party after the seven-member commission decided on January 21st that once a person held dual citizenship at the time when they signed the statutory declaration form, that person should not be allowed on the lists of candidates.
Shuman along with Vishnu Bandhu of the United Republican Party (URP) and Valerie Leung of the People’s Republic Party (PRP) were identified to media as having been removed from their party’s lists due to a violation of the prohibition on dual citizens sitting in the National Assembly. All three have argued that they have renounced their foreign citizenship and are therefore eligible for election.
However, Shuman and Leung have gone further and questioned the authority via which GECOM has questioned their legitimacy.
“GECOM has acted illegally. GECOM has no authority to remove any …candidates from the list,” Leung declared in a three-minute video on her party’s Facebook page.
She argues in the video message that Article 163 (1) (a) of Guyana’s constitution grants exclusive jurisdiction to the High Court to determine the eligibility of any candidate for membership of the National Assembly.
The article mentioned states that “the High Court shall have exclusive jurisdiction to determine any question regarding the qualification of any person to be elected as a member of the National Assembly”.
A similar argument is presented in the letter sent to Singh by Juman-Yassin, who says that GECOM “cannot remove Shuman’s name off his party’s List of Candidates as only an order from the High Court can facilitate this.”
“The question as to the qualification of Mr Shuman, which may involve the question of citizenship has to be determined by the High Court of Guyana on an application by the Guyana Elections Commission and or any other person who may have an interest…if the Commission should feel that Shuman is not qualified then the onus of proof is on the Commission,” the lawyer argues.
Additionally, Shuman, who has declared himself a threat to the two main political parties, is accusing the Commission of possible bias.
“It is a known fact that all your members on the Commission are affiliated to one or two parties and that the Liberty and Justice Party…is a threat to both…as it has joined forces with two other parties…it is in the interest of the two main political parties to weaken this coalition so they may not get sufficient seats,” Juman-Yassin claims.
Referring to Article 144(8) of the Constitution, he notes that “any court or other tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other tribunal, the case shall be given a fair hearing within a reasonable time.”
“[GECOM] if it should sit to determine the issue… is a tribunal and as a result should be independent and impartial and the matter to be determined shall be given a fair hearing… apart from yourself all other members are not independent and or impartial thus any deliberation would be in breach of the constitution,” Juman-Yassin argues while noting the Shuman believes some commissioners will use this opportunity to oust him as a candidate from his party’s candidates’ list.
He further asks whether all persons nominated by all political parties have been requested to provide similar evidence to the commission.
The correspondence names Joseph Harmon, Volda Lawrence and Carl Greenidge as persons whom the commission could have asked to submit evidence as to their relinquishment of their dual citizenship.
Both Harmon and Greenidge, who were forced to resign from the last Parliament, have publicly indicated that they have received acknowledgment from the American and British governments, respectively, that their renunciation of citizenship have been accepted. Lawrence has never been identified as a dual citizen.
Stabroek News had asked government-nominated commissioner Vincent Alexander whether Harmon and Greenidge had either chosen to or been asked to submit documented proof of their relinquishment but he said he was unaware.
