Attorney General Basil Williams on Monday argued that there is no merit to the case filed by Attorney-at-law Anil Nandlall seeking a High Court order compelling the Cabinet, including the President to resign; but Nandlall says the Attorney General ‘s contention is “atrocious.”
Nandlall argued that if the President and government had obeyed the constitution, there would be no need for the case.
The case was called on Monday before Chief Justice (ag) Roxane George-Wiltshire.
Williams argued that it is the same case being re-litigated since December 21 2018, when a No-Confidence Motion was passed against the coalition Government.
While he did not directly ask the court to throw out the case, the Attorney General questioned whether the High Court has no recourse “to avoid abuse of the court.” He told the Chief Justice that the arguments being made have no merit.
“At the end of the day, it will be the same arguments,” the Chief Justice stated.
This case follows one which concluded on August 14th in which Nandlall sought to have the court set a timeline for elections.
That case filed by Attorney Christopher Ram also argued that it is a willful and flagrant violation of, Articles 106 (6) and 106 (7) of the Constitution of Guyana, and, in deliberate defiance of the [CCJ] decisions and orders, that the Cabinet has not resigned, the President has not issued and a proclamation dissolving Parliament and has fixed a date for election not later than 18th September 2019.
Speaking to reporters outside of the court room, Williams said: “Mr Nandlall is fast becoming a vexatious litigant.
“For the last nine months I’m hearing the same arguments that the Cabinet and President must resign.
“This learned Chief Justice dealt with that issue, it went to the CCJ, the CCJ rejected it, clearly said the Government remains in a different mode, an interim Government and all of that.
“So it’s a waste of the court’s time and the court’s resources.”
He added that the application is disrespectful to the Caribbean Court of Justice which dealt with these matters and delivered a ruling in June.
The Attorney General was given until September 23rd to file responses.
Former Attorney General Anil Nandlall however argued that “all we are trying to do is to get constitutional compliance.”
He noted that the Government has failed to comply with the Constitution which states that the Cabinet shall resign.
“This is the level to which we have descended and rather than the Attorney General come here and concede, as the principal legal advisor under the Constitution of the Government of Guyana, he comes here and says this is an abuse of process.
“This is an atrocious contention,” he told reporters outside of the court room.
Nandlall along with Attorney Kamal Ramkarran and others is asking that the court compel the Cabinet to resign or give effect to a ruling initially made on January 31 by the Chief Justice that the Cabinet stands resigned with the passage of the No-Confidence motion.
Nandlall has until September 16 to make his written submissions.
The case was adjourned to September 30 at 13:30hrs.