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High Court discards Jagdeo’s application on the grounds of jurisdiction
High Court Judge Franklyn Holder yesterday ruled that his court does not have the jurisdiction to hear the application filed by Opposition Leader Bharrat Jagdeo challenging the final vote count and declaration made by Region Four Returning Officer, (R.O) Clairmont Mingo on the grounds of non -compliance.
Justice Franklyn Holder
Jagdeo had filed the application on the grounds that Mingo failed to comply with law and a previous decision of the High Court which called for transparency of the process. However in a ruling on whether the court has jurisdiction to hear the case, Holder held that the issues should come by way of an elections petition.
The Judge upheld the submissions of Senior Counsel Neil Boston who represented the interest of the Chief Elections Officer (CEO) Keith Lowenfield.
Meanwhile, Jagdeo’s Attorney, Anil Nandlall said the he found Justice Holder’s ruling to be a strange one.
Nandlall noted that Holder had ruled that the Court has jurisdication to hear an application by APNU-AFC candidate Ulita Moore but “Suddenly, Justice Holder departed from all those authorities and ruled that he had no power, to do so and you must do so by election petition when Justice George heard all those arguments and say the Election Commission is different from the Returning Officer.
“The Election Commission is made of the Election Commissioners and Chairman, The Returning Officer is an ordinary public officer within the electoral process and therefore such an officer obviously is subject to judicial review,” Nandlall added.
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