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›CoA sets Dec. 21 for ruling in APNU+AFC’s case to reinstate dismissed election petition

CoA sets Dec. 21 for ruling in APNU+AFC’s case to reinstate dismissed election petition

By Leroy Smith
26 November 2021
174
0
Share:

The Guyana Court of Appeal (CoA) will on December 21, at 14:00 hours deliver its ruling on a bid by the APNU+AFC to reinstate one of the party’s election petitions that was dismissed earlier this year by Chief Justice Roxane George-Wiltshire, SC.

 The date for the ruling was announced on Friday morning when the court convened via Zoom. The case is being heard before Chancellor of the Judiciary (ag) Justice Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory-Barnes, SC ,and Rishi Persaud.

 Election petition #99– filed by Monica Thomas and Brenan Nurse on behalf of the APNU+AFC to challenge the validity of the March 02, 2020, national elections– was dismissed on January 18 by Justice George as a result of the petitioners’ non-compliance with effecting service on the second-named respondent former President David Granger.

The petitioners are arguing that those elections were conducted unlawfully and that based on the polls it is Granger who should be declared the duly-elected President of Guyana.

While  Roysdale Forde, SC, and John Jeremie, SC who represent the petitioners argue that the appellate court does have jurisdiction to hear the matter, Attorney General Anil Nandlall, SC, and Douglas Mendes, SC, who are representing respondent Vice President Bharrat Jagdeo, are arguing to the contrary.

Nandlall submitted that the decision of the Chief Justice that is being appealed arises out of an election petition which has been given an “extraordinary, special, limited and peculiar” jurisdiction under Article 163 of the Constitution of Guyana.

He said this constitutional provision lists the types of issues that are to be raised in an election petition and also limits the grounds upon which appeals flow from the determination of those issues.

Nandlall said, too, that the Chief Justice, in striking out the petition for non-service, emphasised that that service within the prescribed time is a condition precedent to the hearing of an election petition, and if such procedures are not followed then the court cannot proceed to hear the matter.

Nandlall noted that the Chief Justice never determined the questions raised in that petition since the matter never went to trial. “Those questions having not been determined, there is simply no right to an appeal,” he argues. Having regards to the foregoing, Nandlall argued there is no statutory or constitutional jurisdiction to the Court of Appeal to hear an election petition dismissed for procedural impropriety or any other reason not stated in Article 163 (1) of the Constitution.

Forde and Jeremie, however, argue that the Attorney General failed to cite any authority to substantiate his argument that the Court of Appeal lacks jurisdiction to hear the matter.

The two Senior Counsel said that the right of appeal to a dismissed election not only lies under Article 123 of the Constitution, but also the Court of Appeal Act. According to them, the ruling handed down by the Chief Justice is a final order, and therefore, it can be appealed to the appellate court.

The Chief Justice in dismissing that election petition held that service was not effected in accordance with Section 8 of the National Assembly (Validity of Elections) Act and Rule 9 of the National Assembly (Validity of Elections) Rules.

Section 8 of the National Assembly (Validity of Elections) Act states therein that within the prescribed time, not exceeding five days after the presentation of an election petition, the petitioner (s) shall in the prescribed manner serve on the respondent a notice of the presentation of the petition, and the nature of the security or proposed security, and a copy of the petition unless the court otherwise directs on the application of the petitioner.

Rule 9 (1) of the National Assembly (Validity of Elections) Rules states that the petitioners have the statutory obligation to effect service within five days after the presentation of the petition.

Having been filed on September 15, 2020, election petition #99 should have been served on the former President five days thereafter which would have been September 21, 2020, since the fifth day – September 20, 2020 – was a Sunday.

But according to an affidavit by Nurse, the petition along with the relevant documents were not served on the former President until September 25, 2020- four days outside of the statutorily prescribed period.

 

Post Views: 177
Share on Facebook Share
Share on TwitterTweet
Share on Pinterest Share
Share on LinkedIn Share
Share on Digg Share
TagsChief Justice (ag) Roxane GeorgeCourt of AppealElection petitionElectionsGuyanaHigh CourtNational Assembly
Previous Article

Taxi driver killed in Soesdyke–Linden accident

Next Article

‘We still have announcements to make’- President ...

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

Related articles More from author

  • News

    2 weeks in jail for Linden man who hosted private party

    27 January 2021
    By Leroy Smith
  • News

    Land Dispute Resolution Committee to address MMA land issues

    12 February 2021
    By Leroy Smith
  • News

    Dismissal of charges in Henry murders, not surprising – Harmon

    6 July 2021
    By Leroy Smith
  • News

    GPL promises blackout free holiday, 69kV Submarine Cable repaired

    24 December 2020
    By Leroy Smith
  • Safety comes first" says Harbour boss as several 8hrs closures planned
    News

    Chinese company approved to build $53.5B new Harbour bridge

    1 November 2021
    By Leroy Smith
  • News

    Vishnu Persaud is the new Chief Elections Officer

    10 December 2021
    By Leroy Smith

You may interested

  • News

    Police Eradication Exercise Yields Cannabis Discovery and Ammunition Find

  • Crime / Security

    Tina and Mona for court Thursday for that ‘Bonny and Clyde’ performance

  • Crime / SecurityNews

    Man in custody for cattle theft at Bachelor’s Adventure

Connect Us

  • Envato
  • 279.4K+
    Likes
  • 4.5K+
    Followers
  • Subscribers
  • Followers
  • Subscribe
    RSS Feeds

Latest News

Crime / SecurityNews

“Lucky C” in hot water after confrontation at Registry

April 20 2026   A 20-year-old man, identified as Carlito Ronaldo Williams, popularly known on TikTok as “Lucky C,” is currently facing allegations of harassment following an incident at the ...
  • IHRSSF Director spotlights strategic security at UG Career Fair

    By Savitri Laikram
    22 April 2026
  • ECD Police find four firearms in three days

    By Savitri Laikram
    22 April 2026
  • Medical Council rejects request for second autopsy for Tour Guide

    By Savitri Laikram
    22 April 2026
  • CCJ to rule on Mohameds’ extradition appeal

    By Savitri Laikram
    21 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.