Latest update April 7th, 2025 6:08 AM
Vacancies exist at Court of Appeal with retirement of appellate judges
With Chancellor of the Judiciary, Justice Carl Singh, and Justice of Appeal, B.S Roy entering retirement, there will be openings for judges to manage the affairs of the Court of Appeal.
At present Chancellor (acting) Carl Singh who was due to retire on Friday, has been granted a brief extension of time in office.
The Chief Justice (ag) is Yonnette Cummings-Edwards. She has not been confirmed since being sworn in by the Coalition Government in December 2015. But, the Chief Justice is the most senior judge in the High Court
According to the Court of Appeal Act, the Appellate Court has been conferred with the jurisdiction to hear and determine appeals from the High Court and matter connected therewith.
Simply put, the Appellate Court (Court of Appeal) is the only Court in the land with the power to overturn or uphold a decision made in the Magistrates’ Court and the High Court.
The critical aspect of the judicial arm of governance was established to function with a complement of five judges. But for the past few years, the highest court in the land has been under the management of the three judges; the Chancellor, Justice B.S Roy and Chief Justice Yonette Cummings –Edwards.
Justice Cumming-Edwards who currently sits in the High Court, will likely be the only Appellate Judge left to function. Indeed, the Appellate Court has the power to recruit Puisne Judges to sit.
The appointment of Judges is based on the recommendation of the Judicial Service Commission (JSC). But the President is responsible for the approving the recommendations of the JSC.
The issue of vacancies at the Court of Appeal was raised with the Government since last year. Attorney- at-law and Opposition member, Anil Nandlall, has commented extensively on the issue. Efforts made to contact Attorney General, Basil Williams on the matter has proven futile.
Nandlall nonetheless told this newspaper that the JSC recommendations were made to the President since May 2016.
“But the President has either willfully or by neglect failed to act on these recommendations,” Nandlall asserted.
He contended that any person seeking relief through the Appeal Court will not be able to do so, a blatant dishonesty. Puisne judges, among them Justice Diana Insanally, have sat on the Appellate bench
Last month, the Supreme Court of Judicature had published a vacancy notice for the positions of Chancellor and Chief Justice in Kaieteur News.
According to the vacancy notice, under the constitution, both positions have to be appointed by the President, after obtaining an agreement from the Leader of the Opposition.
But the Opposition Leader and the President have not been able to agree on the nominees for more than a decade. It is unlikely that this will change any time soon.
A panel has been set up to seek replacements for the Chancellor, the Chief Justice and other judicial appointments.
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