Appeal Court to hear further arguments in challenge to GECOM Chairman appointment

Oct 13, 2018 News

Attorney-at-Law Anil Nandlall

Justices of Appeal, including Chancellor (ag) Yonette Cummings-Edwards, will next Tuesday hear further arguments regarding certain aspects of the law in the challenge brought by People’s Progressive Party (PPP/C) executive member, Zulfikar Mustapha to the unilateral appointment of Justice (retired) James Patterson as Chairman of the Guyana Elections Commission (GECOM).

The Court of Appeal commenced hearing the matter earlier this month. Chief Justice (Ag) Roxanne George had dismissed the challenge in August, and ordered Mustapha to pay the State $250,000 in costs. Nevertheless, the matter was set for ruling at 14:30hrs yesterday.

However, after an hour elapsed, Attorney General Basil Williams and Solicitor General Kim Kyte-Thomas, who are both representing the State, as well as Attorney-at-Law Anil Nandlall who is representing Mustapha, were summoned to the judge’s chambers.

When the three judges emerged, the Chancellor announced that while the court was ready to make its ruling, it saw it prudent to hear arguments from both sides in relation to four aspects of the law. The Chancellor indicated that the questions would be emailed to the lawyers by yesterday afternoon.

The parties will return to court on Tuesday to present arguments.

Mustapha, through his Attorney-at-Law, has asked the Court of Appeal to overturn the decision of acting Chief Justice Roxanne George, who ruled that Justice (retired) James Patterson was lawfully appointed as Chairman of the Guyana Elections Commission (GECOM), last year October.

Essentially, the acting Chief Justice ruled that under the Constitution of Guyana, President David Granger enjoys the right to reject the list of names provided by the Leader of the Opposition, and appoint someone from the judicial category as Chairman of GECOM, as provided for under Article 161 (2) of the Constitution of Guyana.

The appeal was based on several grounds one of which included that the ruling of the acting Chief Justice has rendered the constitutional formula outlined in Article 163 of the Constitution of Guyana, as it regards to appointing a GECOM Chairman, as redundant, otiose and irrelevant.

According to Nandlall, this section of the Constitution makes provisions for a Chairman of GECOM to be appointed by a joint exercise and a process that involves the joint input of the President and the Leader of the Opposition, Bharrat Jagdeo.

Mustapha, among other things, has further argued that Justice Patterson is not qualified for the post and that his appointment is null and void.

The Attorney General, on the other hand, is of the view that the High Court is the only court that has jurisdiction to deal with issues arising out of such circumstances, but only after the holding of elections, through an elections petition.

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