Dear Editor,
Seeking legal resolution to the various impasses by the political parties during this election process has proven the strength and independence of the judiciary. The courts have handed down judgment for and against both sides. What we must now seek to do in moving forward is continue to uphold the Rule of Law.
Simultaneously, as the Full Court presided over by acting Chief Justice (CJ) Roxane George-Wiltshire SC and Justice Naresh Harnanan ruled that the High Court does not have the jurisdiction to hear the injunction against a National Recount, in a case presided over by Justice Franklyn Holder in the High Court he “ruled that the Court has no jurisdiction to hear an application filed by Leader of the Opposition Bharrat Jagdeo and Reeaz Holladar to set aside the second declaration made by District 4 (Demerara-Mahaica) Returning Officer Clairmont Mingo.”
This second declaration, as did the first, declared the Region Four elections in favour of the Coalition government. The results revealed A Partnership for National Unity + Alliance for Change (APNU+AFC) coalition securing 136,057 votes in the General Elections, while the People’s Progressive Party/Civic (PPP/C) secured 77, 231 votes.
PPP/C members Jagdeo and Holladar, in an application to the Court challenged the results as flawed, contending differences in the Statements of Poll (SOPs) in their possession. The question of the application being heard by way of an election petition was ruled on by Justice Holder following a challenge brought by Chief Election Officer Keith Lowenfield as to the jurisdiction of the High Court to hear the application. In this regard Justice Holder agreed “… the core issues raised in the application touch on matters provided for in Article 163 (1) of the Constitution, and as such, ought to be dealt with by way of an Elections Petition pursuant to Section 3 of the National Assembly (Validity of Elections) Act.”
The Judge also noted, as reported by the Guyana Chronicle (GC) that through Article 163 (1) (b) (i), the High Court has exclusive jurisdiction to determine any question on whether, “…generally or in any particular place, an election has been lawfully conducted or the result thereof has been, or may have been, affected by any unlawful act or omission.”
Justice Holder further pointed out that “Judicial Review could occur in restrictive matters” and cited the recent case of Reeaz Holladar v the Region Four Returning Officer Clairmont Mingo which was ruled on on 11th March in the High Court which established its jurisdiction to so do. In said case it was ruled, by the acting CJ, “the Returning Officer had failed to comply with Section 84 (1) of the Representation of the People Act when he tabulated the votes for his Electoral District.” Following the High Court ruling by the acting CJ, the process of tabulation was repeated, and results declared.
The attempt to have the second declaration nullified by Holladar and Jagdeo was not only denied based on the above arguments. Justice Holder also stated, “that based on documents tendered before the Court, Mingo subsequently took the necessary steps to comply with the ruling of the Court, and more importantly Section 84” (GC). Said article also reports the Judge saying, “that as of Tuesday, March 31, 2020, there was no evidence before the Court stating that the Region Four Returning Officer breached the High Court Order handed down by Chief Justice Roxane George-Wiltshire.”
In accordance with Justice Holder’s ruling it is now left for Mr. Jagdeo to pursue further legal recourse, “by way of an Elections Petition pursuant to Section 3 of the National Assembly (Validity of Elections) Act”.
During the election process all parties have exercised patience, good will and many efforts to meet and satisfy the demands of the major opposition party and influential forces. This is testimony that we can resolve differences not only through public opinion but legal recourse. The High Court has ruled, and we must respect and adhere to the legal process.
GECOM Chair Justice Claudette Singh SC and President Granger have been on record on several occasions reassuring all Guyanese of a commitment to free, fair and transparent elections process. It is such a process that would lead to credible results.
Based on the aforesaid, it is my humble opinion Justice Holder’s ruling that upholds the declaration of Region Four results legally paves the way for the declaration of the 2020 General and Regional Elections results.
Yours faithfully,
Lincoln Lewis
Editor-in-Chief’s note: By the accounts of all of the observers and party agents who were present at the second tabulation for District Four, Mr Mingo scandalously violated all of the requirements set by the Chief Justice and therefore that result should be thrown out. GECOM will shortly have the opportunity to do just that and order a recount of the Region Four vote in its own deliberate judgement.
