CCJ’s overturning of local court decisions becoming more frequent, Nandlall concerned

Attorney General Anil Nandlall has expressed grave concerns over what he describes as an “alarming rate” of reversals by the Caribbean Court of Justice (CCJ) of decisions flowing from local courts in Guyana.

His comments follow a landmark ruling last week in which the CCJ overturned previous decisions by Guyana’s High Court and Court of Appeal, affirming the lawful appointments of Vikash Ramkissoon and Sarah Browne as Parliamentary Secretaries.

During his Tuesday night ‘Issues in the News Commentary’, Nandlall highlighted the frequency with which decisions by the Court of Appeal are being overruled by the CCJ, suggesting this trend could have wider implications for the judicial system in the country.

“What is worrying is the alarming rate of reversal that is taking place at the level of the Court of Appeal and the Caribbean Court of Justice,” Nandlall said.

“I have spoken about this several times, and it must be a cause for concern in certain types of cases. As I pointed out repeatedly, there is a 100% reversal rate in a particular category of cases. The Court of Appeal rules one way, and the CCJ overrules it.”

While he acknowledged that not all cases exhibit this reversal pattern, Nandlall stressed that the frequency of such occurrences raised serious questions about the consistency and reliability of judicial outcomes.

He noted that in some cases, the rate of reversal is “not much different,” which he said was a troubling trend that needed urgent attention.

As the minister with responsibility for justice, Nandlall stated that it was his duty to voice these concerns in the interest of ensuring a fair and efficient legal system.

He also touched on the issue of the current backlog of cases at the level of the Court of Appeal, which he described as an “unfortunate bottleneck.”

“While we have, I believe, successfully addressed the backlog in the High Court, where cases are now being disposed of swiftly and efficiently, there has now developed a significant backlog at the level of the Court of Appeal,” he explained.

“Cases are being dealt with in the High Court, but there is now a large accumulation of cases at the Court of Appeal.”

The Attorney General offered possible explanations for the delays, attributing part of the backlog to the vacancies within the Court of Appeal. However, he was quick to emphasise that while this may provide some context, it should not serve as a justification for the delays.

Nandlall also pointed to ongoing efforts by the Judicial Service Commission (JSC) to fill these vacancies, which he hoped would help alleviate the pressure on the appellate court.

He expressed confidence in the judiciary’s ability to manage the challenges, especially given the progress made in addressing the High Court’s backlog, and commended the work of Chief Justice Roxane George and the High Court judges for their efforts in clearing cases.