Latest update February 14th, 2025 8:22 AM
PPP seeks early hearing of Appeal over GECOM chairmanship
PPP Executive member Zulfikar Mustapha
The People’s Progressive Party/ Civic (PPP/C) is pushing for an early hearing of the appeal of the High Court decision over the appointment of the Guyana Elections Commission, (GECOM) chairman.
An application filed on behalf of PPP executive member, Zulfikar Mustapha, outlined the party’s concern as it relates to the timeframe in which the matter should be heard.
In the application, the PPP executive noted that given that the Minister responsible for Local Government Elections has publicly signaled that these will be held by December 2018, and National and Regional Elections by August 2020, it is in the national and public interest, that this appeal be heard and determined as early as is reasonably possible.
However, regardless of how the Appeal Court rules, the applicant expressed that there is every likelihood that the decision of Court would be appealed to the Caribbean Court of Justice (CCJ).
“In the circumstances, that the State (Respondent) can hardly claim to suffer any prejudice or injustice by an early resolution of the issues raised in this appeal and indeed it would be in the best public and national interest that they support this application.”
The applicant had expressed concern that among other things, Chief Justice (Roxane George-Wiltshire S.C. misconstrued and misinterpreted the role of the Leader of the Opposition in Article 161 (2) of the Constitution of the Cooperative Republic of Guyana.
Attorney-at-law Anil Nandlall is leading the legal team which is asking the Court of Appeal to overturn her recent ruling concerning the appointment of a Chairman of the Guyana Elections Commission (GECOM).
The appeal was filed last week. It is challenging President David Granger’s unilateral appointment of 84-year-old Justice (Rtd) James Patterson as Chairman of GECOM.
The appointment was made on October 19, last year. The challenge, which had engaged the Courts for some time, was on Friday, last, dismissed by the CJ, although she found that the President should have given reasons for his rejection of the nominees submitted by Opposition Leader Bharrat Jagdeo.
She ruled that the President enjoys the right to reject the list of names provided by Leader of the Opposition Bharrat Jagdeo, and unilaterally appoint someone from the judicial category as Chairman of GECOM, as outlined in Article 161 (2) of the Constitution of Guyana.
The appeal concentrated on 14 grounds. Lawyers for Mustapha argued that the decision of the acting Chief Justice is wrong, misconceived and erroneous in law as it allows the President to reject a list of names submitted to him by the Leader of the Opposition pursuant to Article 161 (2) of the Constitution and make a unilateral appointment of a person of his own choosing.
They have argued, too, that the CJ “erred and misdirected” herself in law in construing Article 161 (2) of the Constitution of Guyana by failing to give effect to the intentions of the framers of the said Article.
They have also argued that the Chief Justice erred and misdirected herself in law when she failed to apply or failed to properly apply the purposive canon of interpretation in construing Article 161 (2) of the Constitution of the Cooperative Republic of Guyana.
“The Learned Hearing Judge erred and misdirected herself in law when Her Honour misconstrued and misinterpreted the role of the Leader of the Opposition in Article 161 (2) of the Constitution of the Cooperative Republic of Guyana in so far as Her Honour’s interpretation or misinterpretation has reduced the role of the Leader of the Opposition to being merely perfunctory,” the appeal stated.
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