Dear Editor,
Former President Granger erred severely in opining that certain matters such as those of an electoral- nature ought not to be litigated at the level of the CCJ. On the 14th March, 2021 during an airing of the ‘Public Interest’, he further asserted that the role of the Court of Appeal should be strengthened to deal with all internal electoral matters.
Two distinguished UWI lecturers in an article dated 22nd October, 2021 published by Demerara Waves, made the observation that the High Court & the CCJ are often times on the same page when arriving at Judgments. Notably, it is the Court of Appeal whose Granger’s faith lies in, that made its way to jaw-dropping judgments which required frequent reining in by the CCJ for being bad in law. These range from but are not limited to; inventive mathematical reasoning as to what constitutes a majority, somehow justifying erroneous unconstitutional appointments and even paving the way for the disenfranchisement of 100,000+ votes at an election.
Permit me to make it abundantly clear that I hold the Chancellor & Judges of the Court of Appeal in the highest regard. Their intelligence and capabilities are at a place one can only dream to attain. And on that note, I do agree wholeheartedly with the Former President that the capacity and independence of the Court of Appeal must be strengthened but, in so doing we cannot reject the CCJ for its contributions and making sensible judgments. The CCJ in its appellate jurisdiction remains a beacon of hope, not only to Guyanese but many other Caribbean countries, that independent and unbiased judgments will always be the order of the day.
In Guyana, more mechanisms should be put in place to ensure the separation of powers among the Executive, Judicial & Legislative branches of Government. Some might say, and pragmatically so, that the concern of bias is at the very inception given that Judicial appointments originate from the Executive branch. This of course, is debatable. However, the CCJ does not rely on governments for funding or even their appointments. The CCJ can then be seen as an uncompromisable institution which has proven itself in the face of many litigative adversities presented before them and this country must continue to recognize and stand by this institution.
Yours truly,
Kadeem Gordon
Youth activist