Appeal Court to soon rule on possible revival of dismissed election petition
The Court of Appeal on Wednesday wrapped up hearings after entertaining oral arguments in the APNU+AFC’s appeal for its elections petition #88 and is set to hand down its ruling soon.
During the hearing on Wednesday, APNU+AFC Parliamentarian and attorney Roysdale Forde reiterated his belief that Chief Justice Roxane George (ag) 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.
The case is being heard by Chancellor of the Judiciary Yonnette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud. The CoA has since reserved its decision.
Previously, Attorney General Anil Nandlall, S.C, asked the Court of Appeal to throw out the petition, saying it lacked merit.
A second petition #99 of 2020 was also dismissed by the Chief Justice on procedural grounds and subsequently appealed.
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 ongoing, is the APNU+AFC’s final legal challenge to the elections.