THE INEVITABLE CANNOT BE DENIED

Jun 26, 2020 Features / Columnists, Peeping Tom

Confusion and speculation surrounds the implications of the case presently before the Caribbean Court of Justice (CCJ). Many persons are of the mistaken notion that the case will determine who has won the 2020 General and Regional Elections.
The case, however, is not about who won or lost the elections. Sensible persons would accept that both the count and recount of the elections gave the PPP/C a healthy victory in the elections.
However, what has been taking place since March 5th has been a blatant attempt to steal the elections in “broad daylight”. These attempts have been neutralized on more than one occasion but attempts continue to be made.
After the recount, the Guyana Elections Commission (GECOM) ordered the Chief Elections Officer to present a report on the results based on the recount tabulations. Almost immediately, there was an approach to the Court of Appeal for certain declarations, including an Order preventing the Commission from making a declaration and an Order to interpret a sub-section of an Article of the Constitution dealing with the validity of an election of a President.
The Opposition parties viewed this approach to the Courts as a disguised elections petition. An elections petition can only be filed after the declaration of a President. This approach to the Court of Appeal was seen as a last ditch effort to prevent the declaration of Irfaan Ali as the President of Guyana. The hope was that the Court of Appeal would have given orders stopping the declaration.
But this did not happen. The Court of Appeal gave only one Order. And that Order was an interpretation of the Constitution to say that when the Constitution speaks to “more votes”, it means “more valid votes”.
The aspect of the decision which was controversial was not the interpretation but whether the Court had the jurisdiction to do so. By a majority decision of 2-1 it held it did.
The PPP/C has decided to appeal the decision dealing with jurisdiction of the Court. This may suggest that the outcome of the CCJ matter is of mere academic importance. However, it would appear that the PPP/C felt that unless the decision was challenged, GECOM could seek to present a result other than the result of the recount. This is exactly what happened when the CEO presented an incredible report with some incredulous numbers.
There are various possible outcomes of the CCJ case. For one, the CCJ may hold that it does not have jurisdiction to hear the case. The fact that the CCJ has ‘injuncted’ the Commission from declaring the results, does not necessarily mean that the CCJ determined that it can hear the case.
If it rules it cannot hear the matter, then nothing changes. It is still up to GECOM to declare the results. It would be bizarre if GECOM declared Lowenfield’s results since he has not complied with the directions given to him by the Chairperson.
The second option would be for the CCJ to rule that it has jurisdiction in which case it can either uphold or reject the decision of the Court of Appeal. If it rejects the Court of Appeal decision it simply nullifies the Order which was granted.
If it upholds the decision, it means the Order stands. But the CCJ, if it has jurisdiction, can pronounce on what should be the basis for a declaration.
Regardless of how it rules, GECOM still has to make a declaration. GECOM was ready to do this prior to the approach to the Court of Appeal.
Some Ministers of the government had already cleared their personal stuff from the offices and said goodbye to their staff in anticipation of a new government being declared. This newspaper even reported about packing-up at State House and a Minister admitting that the Coalition was defeated by the PPP/C. From all indications, the APNU+AFC had consigned itself to a defeat. The PPP/C was preparing to assume the reins of government.
But it appears as if there is a faction within the APNU+AFC which is determined to frustrate the transition to a new government. They are living in a different stratosphere. The international community will not sit idly by and allow the elections to be stolen. Not in the 21st century.
Regardless, therefore, of how the CCJ rules, the onus is on GECOM to make a declaration. It would be shocking for GECOM to use the farcical numbers of the Chief Elections Officer. But with GECOM, nothing is incomprehensible.
Freddie Kissoon, a columnist in this newspaper, was right when he said there is a state conspiracy to rig the elections. And as we have seen, this conspiracy goes high and deep. It has already compromised the Elections Commission. Anything is possible with GECOM.
But one thing is sure. Any government, other than the PPP/C, will never be recognized by the international community and will be subject to crippling sanctions.