AG files summons to strike out elections petitions

Nov 20, 2020 News

Attorney General: Anil Nandlall

Kaieteur News – A summons has been filed by Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall, to strike out the elections petition challenging the outcome of the March 2, 2020 Regional and General elections.
Chief Justice (Ag) Roxane George-Wiltshire is expected to hear preliminary issues raised in the two elections petition matters next Tuesday. However, the AG in the summons filed on November 10 last, requested a dismissal of the petitions on the grounds that the matter was filed outside the timeline prescribed by the law for legal service on the parties involved.
According to a document seen by this newspaper, Nandlall is contending also that leaders of the two main political parties — the ruling People’s Progressive Party/Civic (PPP/C) Bharrat Jagdeo and the opposition —A Partnership for National Unity + Alliance For Change(APNU+AFC) leader and former President David Granger as listed respondents, were not served in accordance with the law.

Chief Justice (Ag) Roxane George –Wiltshire

According to the AG, the respondent in Petition 99 of 2020 was served in breach of Section II of the National Assembly (Validity of Elections) Act, Chapter 1:04 and Rule Nine of the National Assembly (Validity of Elections) rules.
The AG contends further that the matter is a violation of the said Validity of Elections Act and Rule Nine of the National Assembly (Validity of Elections) pertaining to the elections.
“In those circumstances,” Nandlall asserts that, “the Court cannot proceed to the hearing the petition.”
To support his claims, he explained that Section 8 of the National Assembly Validity of Elections Act stipulates that respondents are to be served with the notice of the presentation of the petition, and of the nature of the security or proposed security, and a copy of the petition with supporting affidavit not exceeding five days after the presentation or filing of an elections petition.
The AG emphasized that the Act makes it mandatory for the petitioner, in the prescribed time, to serve on the respondent, a notice of the presentation of the petition, and of the nature of the security or proposed security, and a copy of the petition unless the Court otherwise directs.
Added to this, Nandlall said that the manner of service as prescribed in Rule 9 (1) of the National Assembly (Validity of Elections) rule imposes on the petitioner, the statutory obligation to effect service within five days after the presentation of the petition.
In the matter of Petition 99 of 2020, Nandlall explained that the petition having been filed on September, 15, 2020, should have been served on all respondents five (5) days at least by Monday, September 21, 2020, thereafter in keeping with the legal guidelines and prescriptions.
The lawyer noted however that, in the Affidavit of Service of the applicants Brennan Joette and Natasha Nurse, it is deposed that service was affected on the second named Respondent on September, 25, 2020.
“Therefore, the respondent was served four days outside the statutorily prescribed period in respect of Petition No 99 of 2020. Further, exhibited is the Affidavit in Support of Service of Brennan Joette and Natasha Nurse is the acknowledgment of service signed by David Granger on the 25th September, 2020,” Nandlall explained in the document.
This is not the first time the issue of late service has been raised.
During a Case Management Conference (CMC) hearing of the matter in Douglas Mendes, SC of Trinidad, who is leading the legal team for the PPP/C raised an issue of his clients—President Irfaan Ali and Bharrat Jagdeo not being served on time in accordance with the prescribed Court rules.
As a result of this purported breach, the lawyer held that the Court should proclaim the petitions as null and void.
On that note, the Chief Justice pointed out herself that the records reflect that even the former President David Granger was also served late. She noted that Granger was served on September 25, 2020 when he should have received the document five business days after the petition was filed on September 15, 2020.
The Chief Justice directed that the lawyers have the submissions for that application filed and served by November 20, 2020.