New twist to ongoing March 2 election saga in Guyana

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June 23, 2020

GEORGETOWN, Guyana (CMC) — Guyana’s disputed March 2 regional and general election took a new turn on Monday after the Court of Appeal ruled that it has jurisdiction to hear a motion regarding the election of a president, interpreting also that “more votes” cast in the election should in effect be “more valid votes” cast.

However, the three-member Court of Appeal did not grant all the remedies that had been sought by the private citizen, Eslyn David, in her motion and also agreed to a stay of three days on the judgment.

But in his minority ruling, Justice Rishi Persaud ruled that the motion was “premature” and “wholly ill-conceived”: and that the applicant should have awaited to take the matter before the High Court after GECOM would have announced the official election results.

Justice Persaud said the Court of Appeal is “without jurisdiction” based on Article 177 of Guyana’s constitution and that he was also unable to find any law showing that GECOM can pursue any evidential-based investigation or annul an election other than by an election petition at the High Court.

David has mounted her challenge before the appellate court pursuant to Article 177 (4) of the Constitution, which states ““the Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as the question depends upon the qualification of any person for election or the interpretation of this Constitution….”