Latest update December 21st, 2024 1:52 AM
Oct 19, 2022 News
Kaieteur News – The Caribbean Court of Justice (CCJ) will deliver its ruling today in appeal against a decision of the Court of Appeal of Guyana in which it held that it has jurisdiction to hear an election petition dismissed for improper service.
On July 19, the regional court heard a plethora of arguments in the case, before reserving its ruling, which it had promised to render in the shortest possible time. Hearing the case were CCJ Justices: Jacob Wit, Winston Anderson, Maureen Rajnauth-Lee, Peter Jamadar and Denys Barrow.
Today the five-man panel of judges will rule on the elections petition filed by Monica Thomas and Brennan Nurse on behalf of the APNU+AFC Coalition. Last January, Chief Justice (Ag) Roxane George-Wiltshire threw out the case and the two petitioners then challenged the Chief Justice’s decision at the Guyana Appeal Court (COA). The majority held that the COA has jurisdiction to entertain an appeal from the decision of Chief Justice George, who had dismissed the Election Petition # 99 of 2020 on the grounds of late service, non-service, or improper service – on former President David Granger. The Appeal Justices had handed down a 2-1 decision. Chancellor of the Judiciary, Justice Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory allowed the appeal, while Justice Rishi Persaud dissented from their position.
The consolidated appeal before the CCJ is one where Vice President, Bharrat Jagdeo and Attorney General, Anil Nandlall, SC, are challenging the decision of the Appellate Court that it has the jurisdiction to hear the appeal over the dismissed election petition case which was filed by the main opposition coalition.
Jagdeo and Nandlall are contending that the majority of the COA erred in law and had no jurisdiction to hear and determine the appeal; neither from statute, the Constitution nor does it have an inherent jurisdiction. In the matter, Trinidadian Senior Counsel Douglas Mendes, is appearing on behalf of Jagdeo, while Nandlall appears on behalf of the Government of Guyana – whereas, Attorneys Roysdale Forde, SC, in association with Selwyn Pieters and John Jeremie stood for Thomas.
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