The Big Smith News Watch

Main Menu

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter

logo

  • Home
  • News
    • Traffic
    • Regional
    • International
  • Politics
  • Government
    • Housing
    • Agriculture
    • Natural Resources
    • Public Infrastructure
  • Business / Travel
  • Sports
  • Letter
News
Home›News›APNU/AFC appeals election petition dismissed last month by Chief Justice

APNU/AFC appeals election petition dismissed last month by Chief Justice

By Leroy Smith
3 June 2021
165
0
Share:

Lawyers for the APNU/AFC have moved to the Guyana Court of Appeal again. This time, they have filed an appeal against Chief Justice Roxane George’s dismissal of election petition #88 which was filed on behalf of the party by Claudette Thorne and Heston Bostwick.  The appeal was filed on Tuesday, June 01, 2021.

And among other things, the legal team argues that  Justice George erred in law when she ordered that the Statements of Poll (SoPs) and Statements of Recount (SoRs) from the March 2020 General and Regional Elections remain in the custody of the Registrar of the Supreme Court of Judicature until all appeals have been completed or a Court otherwise orders.

On April 26, 2021, Justice George dismissed the election petition having found that there were no reasons therein to invalidate the results of the March 2020 General and Regional Elections. The Chief Justice came to her ruling two weeks after wrapping up arguments in the matter.

In seeking to set aside the election results, the petitioners had argued that the March 2020 elections were held in serious non-compliance with the Constitution of Guyana and electoral laws.

Thorne and Bostwick had argued that Section 22 of the Election Laws (Amendment) Act (ELA) and Order #60 of 2020, otherwise known as the recount order are unconstitutional, thus resulting in breaches and violations by GECOM with its conduct of the elections.

In delivering the highly anticipated ruling via live-stream, Justice George held that neither Section 22 of the ELA or Order #60 are ultra vires of the Constitution. “My analysis of the authorities cited has led me to the ineluctable conclusion that Section 22 is not ultra vires of the Constitution. And I so hold, there has been no violation of the doctrine of separation of powers,” she held.

“Section 22 is meant as an aid to the process to permit a determination of a result. It does not permit usurpation of the High Court’s jurisdiction under Article 163 [of the Constitution] at all. Section 22 provides the parametres for its efficacy, and the power granted therein is not arbitrary.”

“It includes sufficient mechanisms to establish that Parliament did not surrender or abdicate its powers. Thus, I hold that there was a lawful delegation of power as provided for in Section 22 so that GECOM could independently and properly control the election process…,” she added.

In upholding the constitutionality of Order #60, Justice George noted that “…it is not ultra vires the Constitution or Section 22. A combination of Article 162 (1) (b) and Section  22 conferred a power on GECOM to issue this Order if GECOM considered  it necessary or expedient to ensure impartiality, fairness, and compliance on part of persons exercising powers or performing  duties on its behalf as regards to the election process and the declaration of the results of the election.”

Moreover, the Chief Justice underscored that a recount of votes is not “alien” to the election process, adding that GECOM has to be in control of the election process until it is satisfactorily completed.

“This is the ultimate power that GECOM has pursuant to Article 162. Thus, Order #60 does not confer any additional powers on GECOM,  but simply alter the procedure to arrive at the result that the Representation of the People Act requires. While the procedure [in this case] was different, the aim and objective were the same. That is, to count the ballots and determine the votes casts for the list of the political parties who contested the elections, “Justice George added.

On appeal of Justice George’s decision, lawyers for the Coalition contended that “The Learned Judge erred in law when she ruled that Section 22 of the Elections Law (Amendment) Act 2000 and Order 60 made thereunder were not in violation of the Constitution of Guyana…”

In court documents seen by this publication, the lawyers further contend,  “The Learned Judge erred in law when she ruled that the said Order 60 was intra vires the said Constitution of Guyana by virtue of conferment of powers under Article 162 (1) (b) and said Section 22 [of the ELA]…”

“The Learned Judge erred in law when she ruled that the Appellants did not produce evidence in the said Petition, in that, being a Petition which claimed that the said March 2nd Elections was not lawfully conducted there was no need for production of any evidence except what was presented, namely, the Declarations as per Regional Returning Officers’ 1 to 10 and the Recount.”

Thorne and Bostwick are asking the Court of Appeal to set aside the Chief Justice’s ruling and award them costs in the Court of Appeal and the High Court.

The Chief Justice has now dismissed all elections petitions filed on behalf of APNU/AFC challenging the results of the March 2020 General and Regional Election. Petition #99 was dismissed in January 2021, for non-compliance with effecting service on the second-named respondent, former President David Granger.

An appeal has since been filed against that ruling. The matter comes up for hearing on Monday, June 14, 2021, at the Guyana Court of Appeal.

Post Views: 177
Share on Facebook Share
Share on TwitterTweet
Share on Pinterest Share
Share on LinkedIn Share
Share on Digg Share
TagsAPNU-AFCChief JusticeClaudette Thorne and Heston BostwickConstitution of GuyanaElections PetitionGECOMGuyana Court of AppealStatements of PollStatements of RecountSupreme Court of Judicature
Previous Article

Former GWI Head defends hiring hundreds of ...

Next Article

Guyana cops top CSEC, CAPE awards

0
Shares
  • 0
  • +
  • 0
  • 0
  • 0
  • 0

Related articles More from author

  • Community ReportFeaturesNews

    Confirmation of Chancellor and Chief Justice held up by politics

    11 December 2020
    By Leroy Smith
  • News

    Persaud’s appointment – “new and terminal heights in the travesty” – Alexander

    11 December 2021
    By Leroy Smith
  • No schedule blackouts during elections week
    Crime / Security

    No schedule blackouts during elections week

    29 February 2020
    By Leroy Smith
  • News

    Lowenfield moves to oppose High Court case seeking release of SoPs, SoRs

    15 May 2021
    By Leroy Smith
  • Community ReportNews

    Govt seeks more money for COVID 19 relief among other sums today

    28 December 2020
    By Leroy Smith
  • News

    Opp. seeks meeting with Exxon to address faulty equipment, flaring, reduced production

    18 April 2021
    By Leroy Smith

You may interested

  • Albouystown mother of three murdered by reputed husband
    Crime / Security

    Albouystown mother of three murdered by reputed husband

  • News

    Death sentence for Tuschen man found guilty of Anna Catherina triple murder

  • Crime / Security

    Officer fingered in alleged multi-million fraud to be rewarded with promotion

Connect Us

  • Envato
  • Likes
  • 4.5K+
    Followers
  • Subscribers
  • Followers
  • Subscribe
    RSS Feeds

Latest News

GovernmentInternationalNewsPoliticsRegional

CARICOM flags misuse of its platforms in Guyana-Venezuela dispute

  April 28 2026 President Irfaan Ali has raised concerns with regional leaders over what he described as provocative displays supporting Venezuela’s claim to Guyana’s Essequibo region during recent Caribbean ...
  • Gov’t to pay man $8M for wrongful arrest & malicious prosecution

    By Savitri Laikram
    28 April 2026
  • One arrested after massive ammo find in Bartica

    By Savitri Laikram
    28 April 2026
  • Murder probe uncover guns, ammo at Blackwater

    By Savitri Laikram
    28 April 2026
  • Investigation launched into threats against CANU head

    By Savitri Laikram
    27 April 2026

FeedBurner Widget

Sign up to receive email updates and to hear what's going on with our magazine!

About US

logo

BIG Smith News Watch was established in 2015 and is recognized by the Guyana press Association as a legitimate media outlet in Guyana. Our operation focuses more community, human interest and developmental issues. We also do focus on matters of crime, security, business, politics and current affairs. The entity is headed by Leroy Smith, a practicing journalist with experience in news gathering, reporting and coverage spanning seventeen years. Mr. Smith joined the media 2005 and worked at several media housing before launching BIG Smith News Watch in 2015.

  • +592-705-8780
  • bigsmithnewswatch35@gmail.com
  • Popular Posts

  • Lance Corporal dies days after fight with police sergeant

    By Leroy Smith
    8 May 2019
  • Nonummy suspendisse hendrerit ultrices

    By DesignUTD
    26 August 2015
  • 21 Year Old mechanic busted with cocaine pellets in hotel room

    By Leroy Smith
    27 April 2019
  • Bandit shows up to robbery with ‘one bullet’; shot dead by security guard

    By Leroy Smith
    30 April 2019

Follow us

© Copyright www.bigsmithnewswatch.news. All rights reserved.