Luncheon denies being Cabinet Secretary after March - Court hears

Luncheon denies being Cabinet Secretary after March – Court hears

May 07, 2015 News

Facing a court battle over the legality of him being a candidate for the ruling People’s Progressive

Dr. Roger Luncheon

Party/Civic (PPP/C) while being the Cabinet Secretary, Dr. Roger Luncheon has made public that he has since resigned from the latter post weeks ago.
As the matter was called before Chief Justice (Ag), Ian Chang in the Georgetown High Court yesterday, Attorney-at-Law Adrian Smith, who represents Dr. Luncheon’s interest, stated that Dr. Luncheon had sent him a letter to say that he resigned from his office as Secretary to the Cabinet and Secretary to the Defence Board on March 18, last.
Dr. Luncheon’s reported resignation is sure to bring questions on the gifting, by Cabinet, of multi-million dollar projects and drug contracts, recently, as well as the authorization of $2.6M for a PPP/C delegation to reach out to members of the Diaspora.
Of note, the said date Dr. Luncheon claims he resigned is also that on which he signed the Fibre Optic Cable project over to Dax Contracting Services, headed by Faisal Mohamed. Just last week, Dr. Luncheon held a press conference at which he was introduced as Cabinet Secretary seeking to brief media operatives on discussions at Cabinet.
Saphier Husain-Subedar, a lawyer known for taking on complex constitutional matters, last month moved

Attorney-at-Law, Saphier Husain-Subedar

to court over the issue. He had challenged the legality of the ruling party to hold meetings of the Cabinet of Ministers and making decisions even though Parliament has been dissolved.
In a motion filed on April 24, last seeking to block Dr. Luncheon from contesting the upcoming May 11 General and Regional Elections, Husain-Subedar also named the Attorney General and the Guyana Elections Commission as the respondents.
He asked the court to grant a declaration that Luncheon is a public officer holding/occupying a public office under Article 117 of the Constitution. He also wants a declaration that Luncheon’s name on the list of candidates for PPP/C as submitted to GECOM on April 7 last is void as he has failed to vacate his public office and should be disqualified from being a candidate.
The lawyer, also Leader of the National Independent Party of Guyana which is contesting the elections, wants the court to also declare that all acts and things done by the Cabinet after the dissolution of Parliament on February 28, last and Nomination Day, on April 7, last are unconstitutional, void and have no pursuant to Article 117 of the Constitution of Guyana when read together with Article 106 of the Constitution of Guyana.
He argued that the Cabinet ceased to exist on the dissolution of Parliament and that it is
responsible to Parliament, pursuant to Article 106 of the Constitution of Guyana.
Husain-Subedar wants the court to declare, also, that the acts and things done by Secretary to the Cabinet as from the date of dissolution of Parliament are inconsistent with democracy, unconstitutional and in violation of various Articles of the Constitution and sections of the Representation of the People’s Act requiring free and fair elections.
In his affidavit in support of the motion, the lawyer said that he is also a rice and cattle farmer and that his party’s list of candidates has been accepted by GECOM to contest the General Elections as published in the Kaieteur Newspaper on April 19, last.
He said that Article 155 (6) (c) (1) and other articles of the Constitution point out that “anyone who holds or acting in or performing the functions” of any public office shall not be qualified for elections as a member of the National Assembly”.
The lawyer said that Luncheon continued until the present time to hold Cabinet meetings with ulterior motives as Secretary of Cabinet and used said information as “propaganda” for the People’s Progressive Party through the Government Information Agency publication on various television stations in contravention of the Constitution.
Husain-Subedar said he believes that Luncheon’s actions interfere with the fairness of the General Elections to be held next Monday.