Businessman Marcel Gaskin has moved to the High Court seeking urgent declarations on the question of the criteria for the selection of the Chairman of the Guyana Elections Commission (GECOM).
The move to the court comes amid the ongoing stalemate between President David Granger and Opposition Leader Bharrat Jagdeo over the choice of a Chairman. Among other things, Granger has been arguing heavily in favour of a judge or a person with those qualities to be Chairman.
Critics have argued that the constitution provides equal weight to the category of a `fit and proper person’. Granger rejected the first list supplied by Jagdeo on the grounds that it did not contain a judge, former judge or someone eligible to be appointed a judge.
Gaskin in the fixed date application has named as the respondents, Attorney General Basil Williams and Jagdeo.
Gaskin is seeking declaratory orders on “Whether the list of persons for appointment as Chairman of the Elections Commission required to be submitted by the Leader of the Opposition under Article 162(2) must include a judge, a former judge or a person qualified as a judge.
“Whether the President is required under the Constitution to state reasons for deeming each of the six names on the List submitted by the President as unacceptable. “Whether the President is obliged to select a person from the six names on the list unless he has determined positively that the persons thereon are unacceptable.”
The case is to come up for hearing in a week before the acting Chief Justice.
In the papers drawn up, Gaskin said that he would rely on the explanatory memorandum of bill No. 18 of 1995; a letter dated December 21, 2016 from the Leader of the Opposition, Jagdeo to President Granger attaching the list of nominees, a letter dated December 28, 2016 from Jagdeo to Granger attaching the curricula vitae of the nominees and a Stabroek News article dated January 20, 2017 titled `I am going to choose somebody who is fit to be judge – Granger on Gecom Chair”.
In his affidavit in support of his application, Gaskin said that he was advised by his attorney that the words “or any other fit and proper person” have to be read disjunctively and that the list provided by Jagdeo to Granger met the requirements of Article 161 (2).
Gaskin further deposed that he had been advised by his attorney that once a list of six persons has been submitted, none of whom the President has found to be unacceptable, the President is obligated under the constitution to appoint a person from the list”.
The applicant further contended that he has been advised that the decisions of the President are subject to judicial review.
Gaskin referred to Granger’s preference for someone who is fit to be a judge. Gaskin swore that he had learnt from several sources that one of the GECOM nominees, Christopher Ram is qualified to be a judge having been admitted to practice law more than the prescribed seven years.
The application was drawn up by attorney Glenn Hanoman.
