Dear Editor,
The press statement issued Sunday by the PPP/C relating to the injunction filed to stop the recount poses a clear and present danger to the independence of the judiciary and respect for the rule of law.
The Aide Memoire signed by President David Granger, PPP General Secretary (GS) Bharrat Jagdeo, and CARICOM Secretary-General Ambassador Irwin LaRocque to have a National Recount, which GECOM agreed to, however well-meaning must be guided by the law. The High Court has been tasked with the responsibility to interpret whether this is permissible under the law. A law abiding nation and people will respect the application of this recourse even if it may present delay to declaration of the final results and swearing in of a new President and government.
A diverse nation such as ours, the law remains the sensible and best approach to peace and co-existence. Thus, to the PPP’s question, “why would a Court stand in the way of such an imminent resolution of the dispute before it by the authorised constitutional agency?” the answer is simple. The Court is not standing in the way of anything. It has been approached to adjudicate on the recount and must be allowed to do its work free from intimidation, threat or bullying, be it from internal or external forces. Such conduct resembles tactics used by the mafia to influence judges presiding over their cases to rule favourably or face consequences.
The Opposition is being an agent provocateur to assert that “[i]n such a circumstance, any Court that hinders the resolution of this dispute becomes part of the problem and not the solution.” GECOM, Messrs Granger, Jagdeo and La Rocque are not above the law nor their conduct above judicial review. President Granger and GECOM Chair Justice Claudette Singh SC are on public record committing to uphold the rulings of the court. We must hold them accountable to their commitment.
Mr. Jagdeo’s position on respecting the court’s rulings is yet to be made clear. The nation is aware of the PPP’s exercise of its right to approach the court during a recount process and expectation from all to respect the ruling which was favourable to the party. We are similarly aware of the GS’ recent claim that “Court ruling or no court ruling the results are fraudulent.” Going by the aforesaid it is reasonable to conclude: 1) the PPP thinks it has sole right to the court; 2) the party expects us to respect the court’s ruling when it is in its favour; 3) the law only matters when it works for the party; and 4) the party will reject any ruling not considered favourable.
We cannot ignore the contrarian behaviour. If, according to the Opposition “The ultimate objective of any judicial system is to resolve disputes in accordance with law,” then the court must be allowed to do its work! The Judicature is the sole authority in adjudicating the law. The court’s opinion is the only one that matters as to whether GECOM can presently proceed with a recount.
It would be a travesty to the nation, region and further afield should the rulings of our court be disregarded, regardless of outcome. Disregard would be sending a signal by those participating in this act that such conduct is permissible not only in Guyana by the Government, Opposition and Guyanese but equally in their country.
Guyana remains a nation of law. This must be respected by all. Acting Chief Justice Roxane George-Wiltshire SC was allowed by the PPP, society and world to do her work on matters successfully brought by the Opposition. Justice Franklyn Holder must be given the same respect to adjudicate in the matters presently before him regardless of who brought same, chose to join or have to respond.
Yours faithfully,
Lincoln Lewis
