Highlights of the CCJ decision on the Court of Appeal ruling

Now Guyana must return to its state of respect for the established will of the people; and the new Government must be declared and installed. Caribbean democracy demands no less. Our country, our region, our hemisphere, our world – will not allow less. Guyana’s Elec-tions Commission, GECOM, fortified by the Court’s judgement and the people’s demonstrated will, must make democracy prevail. That is its constitutional duty.

                                                              Sir Shridath Ramphal

Last Wednesday, the Caribbean Court of Justice (CCJ) unanimously agreed that it had jurisdiction to hear an appeal of the decision by the Guyana Court of Appeal in the case Irfaan Ali et al v Eslyn David relating to questions surrounding the recount of the 2 March 2020 elections results. The respondent’s lawyers had argued that Article 177(4) of the Constitution confers exclusive jurisdiction on  the Guyana Court of Appeal on the matter and therefore no such jurisdiction exists on the part of the CCJ. That article reads: