Attorney General asks Court to throw out APNU+AFC’s ‘narrow’ election petition appeal
Attorney General Anil Nandlall, S.C, has asked the Court of Appeal to throw out the APNU+AFC’s appeal for its elections petition #88 which was dismissed almost two years ago by Chief Justice (ag) Roxane George, SC.
On Wednesday, Chancellor of the Judiciary Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud commenced hearing submissions in the challenge.
APNU+AFC Parliamentarian and Attorney Roysdale Forde, who is representing the petitioners, had submitted that the Chief Justice acted unlawfully and misdirected herself when she failed to consider the objective of the petition in making her decision.
On April 26, 2021, the Chief Justice dismissed the petition and ruled that the March 02, 2020 election was conducted lawfully and there were no breaches, violations or non-compliance with the laws of Guyana by the Guyana Elections Commission (GECOM.)
However, Forde contended that Section 22 of the Election Laws (Amendment) Act is unconstitutional and that Order No. 60 of 2020 is invalid, null, void, and of no effect.
But AG Nandlall, in his submissions, pointed out that the petitioners’ submissions lacked merit and asked the court to dismiss the proceedings.
“This election petition is quite narrow… and has raised really one issue and we are of the firm view that legal issue has not been meted out by the appellants.
“We asked respectfully that the appeal be dismissed with an appropriate order in respect of costs,” Nandlall said, as he relied on his written submissions before the court.
The CoA will continue hearing submissions on March 22, 2023.
A second petition #99 of 2020 was also dismissed by the Chief Justice on the procedural grounds and subsequently appealed.
But the Caribbean Court of Justice ruled that Guyana’s Court of Appeal does not have jurisdiction to hear the appeal filed against the decision of the Chief Justice.
This dismissed petition for which an appeal is now being filed is the APNU+AFC final legal challenge to the elections.