Latest update February 14th, 2025 8:22 AM
Forde maintains Recount Order was unconstitutional, Court of Appeal to rule soon
Elections Petition…
Kaieteur News – The Court of Appeal on Wednesday concluded hearing arguments in the Election Petition appeal case filed on behalf of the Opposition-led, A Partnership for National Unity +Alliance For Change (APNU+AFC) party.
(At right) Senior Counsel Forde was joined by Canada based Guyanese Lawyer, Selwyn Pieters at the hearing of the election petition appeal.
The court has now reserved a date for decision in the matter. On Wednesday, Attorney for the appellants, Senior Counsel Roysdale Forde presented his submission before a panel of judges led by acting Chancellor of the Judiciary, Justice Yonette Cummings
Forde was joined by Canada-based Guyanese lawyer, Selwyn Pieters as he argued strongly against the legality of recount order that was brought by Guyana Elections Commission (GECOM) and allowed for a recount of the votes which determined the ruling People’s Progressive Party/Civic (PPP/C) as the winners of the 2020 Regional and General Elections.
Forde told the court, “It is our submission your honours that Section 22 of the Elections Laws Amendment Act constitutes this very unconstitutional divestment that I referred to as Order 60 [the recount order]…” He continued, “we submit, your honour that the key issue in this case, which was overlooked by the respondents is the difference between delegating authority to make subordinate legislation within the framework of a statute under which the delegation is made…”
Forde contended that by the Constitution of Guyana, Parliament and Parliament alone are vested in the power to legislate in respect of the Electoral System, and under which elections are to be held.
He told the Appeal Court Justices that it is the function and responsibility of the Parliament to formulate legislative policy and not GECOM. “We submit that the conferral of such power on GECOM, the power to issue orders to modify Electoral Laws, where in the opinion of GECOM, there is a difficulty in the application of electoral laws constitute an abdication of part or portion of the constitutional authority conferred on the Parliament of Guyana by the Constitution to pass laws in accordance with Article 65 and 170 in respect of the Electoral System, ” he said.
According to the lawyer, it is Parliament’s function and responsibility to deal with the broad and controversial questions of legislative policy.
At the level of the High Court, the Election Petition, filed by Claudette Thorne and Heston Bostwick – was dismissed by the Chief Justice (ag) Roxane George on the grounds that there was nothing unconstitutional about Section 22 of the Election Laws (Amendment) Act and or Order 60. The case is now before the Appeal Court.
Similar Articles
THE BLUNT OF THE DAY
Sports
Features/Columnists
Protest electoral tyranny
Peeping Tom… Kaieteur News- There comes a time in the life of a nation when silence is no longer an option, when the... more
OAS Secretary General Election and renewed OAS Consensus
Antiguan Barbudan Ambassador to the United States, Sir Ronald Sanders By Sir Ronald Sanders Kaieteur News- The upcoming election... more
Weekend Cartoon
