PPP General Secretary Bharrat Jagdeo and PPP/C presidential candidate Irfaan Ali today served notice of an appeal to the Caribbean Court of Justice (CCJ) of yesterday’s decision of the Guyana Court of Appeal which asserted that it had jurisdiction under Article 177 (4) of the constitution in relation to the election of the President.
In yesterday’s decision, the Court of Appeal made only one order to the effect that the words “more votes cast” should be interpreted to mean “more valid votes are cast in relation to the election held on 2nd March 2020”.
The Court of Appeal however declined to issue other orders which had been sought by the plaintiff Eslyn David against the Guyana Elections Commission including various orders restraining the Chief Election Officer (CEO) Keith Lowenfield from acting in relation to his final report.
While legal analysts had said that the Court of Appeal decision did not restrain GECOM from declaring a result, it appears that the PPP/C is taking no chances and wants the final word from the CCJ. A final ruling by the CCJ on the controversy-mired March 2nd general elections would conclude the process without any further dispute.
GECOM had scheduled a meeting for this morning but this has since been cancelled.
In the proceedings filed, Jagdeo and Ali are seeking an expedited hearing and are asking for the following orders and interim:
“The Applicants/Intended Appellants be granted special leave to appeal to the
Caribbean Court of Justice against the majority decision of the Court of Appeal
given by the Honourable Madam Justice of Appeal Dawn Gregory-Barnes and the
Honourable Mr. Justice Brassington Reynolds, the Honourable Mr. Justice of
Appeal Rishi Persaud dissenting, dated the 22nd day of June, 2020 in Civil Appeal
No. 41 of 2020 (the “Decision”), on the grounds set out in the Draft Notice of Appeal
exhibited to the Affidavit in support of this Notice of Application;
b) An order directing that this application be treated as the hearing of the appeal itself
and a corresponding order for directions, including an order dispensing with any
other requirements, and taking all such steps as may be necessary to hear the
appeal for which special leave is sought on an expedited basis;
c) An order directing that this application be urgently heard and that the time for
service of the Notice of Application pursuant to Rule 10.14 (2) be abridged by Order
of the Court from seven days to service forthwith upon the Intended Respondents
and consequential directions abridging the time for compliance with Rules 10.14
(3), (4) and (5) such that this Notice of Application may be heard and determined
on an urgent and expedited basis;
d) Interim Orders:
(i) Restraining the Chief Election Officer from issuing his Report pursuant to s. 96
of the Representation of the People Act or any report in reliance on the Decision,
inclusive of the modified interpretation of Article 177 (2) (b) of the Constitution of
Guyana given by the Court of Appeal, pending the determination of this application
and the Appeal for which special leave is sought herein;
(ii) Restraining GECOM and/or the Chief Election Officer and/or any servant and/or
agent of GECOM from taking any further steps to determine whether the recounted
votes as tabulated by the Chief Election Officer constitutes “a final credible count”
or otherwise enquiring into the validity or credibility of the tabulated votes pending
the determination of this application and the Appeal for which special leave is
sought herein;
(iii) Such further and/or other interim order as will restrain GECOM and/or the Chief
Election Officer and/or any servant and/or agent of GECOM from embarking on
any course of conduct which would usurp the exclusive jurisdiction exercised by
the High Court under Article 163 of the Constitution of Guyana.
e) On the hearing of the appeal, for which special leave is sought, the following
Orders be made:
(i) The Decision, inclusive of all declaratory orders made therein, be set aside
in its entirety on the basis that the Court of Appeal lacked jurisdiction to hear and
determine Civil Appeal Proceedings No. 41 of 2020 and that all orders made as
part of the aforementioned Decision be discharged;
(ii) Costs in the Caribbean Court of Justice and in the Court below; and
(iii) Such further and/or other orders as this Honourable Court may deem just
and appropriate”.
