The CCJ cannot entertain Mr. Jagdeo’s request

Jan 20, 2017 Letters

Dear Editor,
There is a debate involving several persons, most of them distinguished and legally trained about the appointment of the Chairman of the Guyana Elections Commission. The President rejected the list submitted by Opposition Leader Bharrat Jagdeo and requested him to submit another, because he was not satisfied with any one of the six.
Mr Jagdeo has not complied with President Granger’s request and among other things, has suggested that recourse might be had to the Caribbean Court of Justice for an opinion in interpreting the constitution. I do not think that the CCJ can entertain such a request if it is made because of Guyana’s current CCJ Act that allows for a litigant in the appellate jurisdiction (which inter alia interprets the domestic Constitution of those countries who sign on to the Appellate jurisdiction) either to seek an advisory opinion of the CCJ or to leapfrog the Court of Appeal.
Moreover such request will not fall under the Original Jurisdiction which interprets and applies the Revised Treaty of Chaguaramas (which established the Caribbean Community) and is an international court with compulsory and exclusive jurisdiction in respect of the interpretation of the Treaty. The issue of the interpretation of Article 161 of the Guyana Constitution clearly is outside the ambit of the treaty.
I read a letter penned by Professor Duke Pollard on the issue which appeared in the Press, and I am surprised that Justice Pollard who served as a judge of the CCJ did not raise the point. In fact the distinguished professor was one of the drafters of the rules and regulations of the CCJ while he served as Legal Consultant to Caricom. It seems to me that someone other than a judge could be appointed to head Gecom, and I am sure that there are many more qualified persons than the six submitted by the Opposition Leader that are worthy of consideration, and in the circumstances he should submit another list as requested.
Oscar Ramjeet

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