The role of judicial officers, on both sides of the democratic divide, cannot be overstated

Oct 23, 2023 Letters

Dear Editor,

Kaieteur News – Last Wednesday, some friends and I staged a small presence outside the Guyana Court of Appeal, not to demonstrate, protest, or make accusations of wrong-doing by anyone, but merely to signal our disappointment and frustration at the apparent lack of urgency or seriousness in resolving what must be the most consequential constitutional matter in our short history.

Ever since the January 6, 2021 insurrection at the US Capitol, the institutions of the US government, and its citizens, have been striving to come to terms with the continuing assault on their democracy and the multi-faceted, but failed attempt to steal a Presidential election.

The House of Representatives has conducted investigations, its findings made public and measures taken to clarify and strengthen election laws; investigations by federal and state authorities are ongoing and several persons have been arrested, charged and convicted (including convictions for seditious conspiracy) in what has been described as “the largest criminal prosecution in the history of the USA”. The former president has been charged in federal and state jurisdictions, along with senior administration officials, political activists and several lawyers, for their alleged roles in election interference and attempting to steal a national election.

The prosecution in the Georgia state election interference case where 19 persons have been charged in a sprawling multi-count racketeering and conspiracy indictment has so far secured three guilty pleas, including two from lawyers involved with the former president, even before a single piece of evidence was introduced in court.

Even though Guyana’s General and Regional Elections were concluded under immense controversy, of election interference, harassment of election workers and violence; election provisions abused and violated and claims of fraud unsubstantiated there have been no meaningful investigations here and no clarification of the election laws.

The Chief Justice in dismissing the election petition, No. 88, still before the Court of Appeal, ruled that the elections were conducted lawfully and there were no breaches, violations or non-compliance with the laws of Guyana by the Guyana Elections Commission (GECOM).

The farcical Presidential Commission of Inquiry found no meaningful evidence of fraud and there have been no convictions, or guilty pleas since 32 electoral fraud charges were instituted against several election officials and members of the opposing political party almost three years ago. In short, the public has not been made aware of any evidence of fraud which was the justification for election interference, violent and deadly insurrection, the abandonment and substitution of the constitutional order and the overturning of an election. The Chief Justice’s decision to dismiss the petition suggests that she believes that the Chairperson of GECOM possesses plenary power, not the Guyana Constitution, to determine election law and election results.

A not dissimilar argument was emphatically rejected, just five months ago, by the US Supreme Court in a landmark case which respected conservative jurist and former Judge of the US Court of Appeals, J.M. Luttig, called “the most significant case in the history of our nation for American democracy”. Proponents of the “independent state legislative theory” had claimed that state legislatures were not subordinate to the federal constitution and that they possessed the final authority to set rules for federal elections in their states.

Here, it would appear that the GECOM Chair claims such powers for herself, against the advice of GECOM’s Legal Adviser and State Counsel. The US decision was welcomed by democratic forces and MSNBC anchor, Chris Hayes, described it as “a long-anticipated, monumental ruling that actually bolsters America’s democratic strength”.

The pending decision by the Guyana Court of Appeal, I submit, is also a long-awaited and monumental ruling that would either bolster Guyana’s democratic credentials or destroy it. Now, more than ever, it is becoming increasingly clear that the role of judicial officers, on both sides of the democratic divide, cannot be overstated.

Sincerely,
Oscar Dolphin

Commission, Court of Appeal, Elections, Guyana, Presidential election

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The role of judicial officers, on both sides of the democratic divide, cannot be overstated

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