Jagdeo optimistic of CCJ ruling on no-confidence case in April

Mar 29, 2019 News

Opposition Leader Bharat Jagdeo is optimistic that there will be an expeditious hearing of the no-confidence case filed before the Caribbean Court of Justice (CCJ).
Speaking at a press conference yesterday, Jagdeo said that based on his projections, the case, which holds national importance, is likely to conclude at the CCJ by April month end.
In a notice of appeal filed on behalf of Leader of the Opposition, this week, lead attorney Anil Nandlall, requested Special Leave to the Caribbean Court of Justice (CCJ) to consider the application.
In the document, Nandlall is seeking an order treating the hearing of this application as urgent and a further order for an expedited hearing of the application.
Additionally, he is asking for an order directing that the hearing of the application for special leave to appeal be treated as the hearing of the appeal against the majority judgment of the Court of Appeal given on the 22nd March, 2019, in relation to the cases as well as an order setting aside and/or reversing the majority judgment of the Court of Appeal of Guyana given on the 22nd March, 2019 and a restoration of the decision of the acting Chief Justice made on the 31st January, 2019.
Further, the lawyer is asking for a declaration that Resolution of the National Assembly No. 101 is valid and effectual; and declaration that the no confidence motion moved by the Leader of the Opposition was validly passed on the 21st December, 2018 by a majority of all the elected members of the National Assembly; a declaration that thirty-three (33) votes/members constitutes a majority of all the elected members of the National Assembly within the meaning of Article 106 (6) of the Constitution of Guyana.
According to the application, the lawyer is anticipating that there will be costs in the Caribbean Court of Justice and such further or other order/s as may be just and appropriate.
Last Friday, the Court of Appeal by a decision of 2-1 disagreed with the argument that 33 Members of Parliament (MPs) can effectively pass a No-Confidence Motion against the Government.
Appellate Judges, Yonette Cummings-Edwards and Dawn Gregory upheld the argument that “an absolute” majority is required for the passage of no-confidence motion against the Government. The two Judges agreed that an absolute majority in the context, calls for 34; not 33 votes of all elected members of the National Assembly.
Justice Rishi Persaud, on the other hand, disagreed. He ruled the no-confidence motion was validly passed by 33 to 32 votes. That decision was previously handed down by Chief Justice Roxane George at the High Court.

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