CJ throws out remaining Election Petition case

Apr 26, 2021 News

says GECOM acted in accordance to law

Chief Justice (Ag), Roxane George-Wiltshire, S.C.

Chief Justice (Ag), Roxane George-Wiltshire, S.C., has thrown out the only remaining election petition case filed on behalf of the APNU+AFC party to challenge the legality of the March 2, 2020 Regional and General Elections.

Justice George-Wiltshire dismissed the case ruling inter alia that the Guyana Elections Commission (GECOM) acted in full compliance with the Constitution of Guyana and electoral laws in its conduct of elections.

The case, filed under the name Petition #88, by petitioners Claudette Thorne and Heston Bostwick sought to challenge Section 22 of the Election Laws Amendment Act (ELAA) and Order #60 of 2020 which is the recount order created based on Article 162 of the Constitution on the grounds that they were unconstitutional and resulted in breaches and violations by GECOM with its conduct of the elections.

The parties have argued that the results of the elections were to be deemed invalid due to serious non-compliance with the Constitution of Guyana and electoral laws as regards the holding of the elections.

However, in her ruling, the Chief Justice (Ag) noted that neither Section 22 of the ELAA nor Order #60 is outside the realm of the Constitution. Justice George-Wiltshire held that the intent of Order #60 was to resolve irregularities, discrepancies, and anomalies occurring in the elections process and to determine a final credible count.

She noted that Section 22 is meant as an aid to the process to permit a determination of a result. It does not permit usurpation of the High Court’s jurisdiction under Article 163 [of the Constitution] at all.

“Section 22 provides the parameters for its efficacy, and the power granted therein is not arbitrary. It includes sufficient mechanisms to establish that Parliament did not surrender or abdicate its powers. Thus, I hold that there was a lawful delegation of power as provided for in Section 22 so that GECOM could independently and properly control the election process…” the CJ added.

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