At 10 this morning, the Caribbean Court of Justice (CCJ) is to deliver its much anticipated ruling on whether Guyana’s Court of Appeal can proceed to hear the election petition which acting Chief Justice Roxane George SC had thrown out for late service.
The CCJ made the confirmed official announcement yesterday afternoon via its website, that it will be delivering its judgment this morning.
The ruling will settle whether the local appellate court has jurisdiction to entertain an appeal on an election petition not determined on its merits, but which had been thrown out on grounds of late service, non-service or improper service.
On December 21st, last, the local court of appeal in a majority 2-1 decision ruled that it has jurisdiction to hear the appeal of the petition. Chancellor Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory concurred with each other, while Justice of Appeal, Rishi Persaud dissented.
Chief Justice George had previously thrown out the petition, after finding that presidential candidate of the APNU+AFC, David Granger was not served on time.
Vice President Bharrat Jagdeo and Attorney General Anil Nandlall SC have challenged the Court of Appeal’s ruling, arguing that it does not have jurisdiction to hear the appeal.
The petition is one of two filed by the Opposition APNU+AFC which challenged the results of the March 2nd, 2020 general elections.
The Opposition’s contention has been that the local appellate court had rightly assumed jurisdiction because the law so allows.
The petition filed in the name of Monica Thomas and Brennan Nurse contends that the elections were unlawfully conducted and/or that the results (if lawfully conducted) were affected or might have been affected by unlawful acts or omissions.
They nonetheless argue that from those polls it is Granger who should be declared the duly-elected President of Guyana.
