High Court upholds National Recount ….dismisses March Declarations

APNU+AFC support to appeal decision
Chief Justice (ag) Roxane George-Wiltshire today ruled that the data from the National Recount must form the basis of the results of the March 2 General and Regional Elections, and not the declarations made by the 10 Returning Officers.
“…given the decisions of the Court of Appeal and the Caribbean Court of Justice, the recount cannot be considered to be invalidated, at least not at this point in time. In this context, the Section 84 (1) declarations can no longer be considered useful,” the Chief Justice said as she handed down her judgment in the Misenga Jones Case.
Jones together with the Chief Elections Officer, Keith Lowenfield and the Attorney General, Basil Williams – through their attorneys – had argued that the CCJ, in its July 8 judgment on the Bharrat Jagdeo and Irfaan Ali Case, invalidated the National Recount but the CCJ, in analyzing the apex court’s decision, said the Court endorsed the Order No. 60 and by extension the National Recount.
Further, the High Court ruled that the Chief Elections Officer must comply with the instructions of the Guyana Elections Commission (GECOM) and its Chairman, Justice (Ret’d) Claudette Singh.
“Hence, while the CEO may be expected to act independently, he cannot be a ‘lone ranger’ so to speak. I agree with the submission that Article 177 (2) (b) can be constructed to mean that GECOM is not to act on the advice of any person or body external to the Commission,” Justice George-Wiltshire said.
Lowenfield, a functionary of the Elections Commission, is bound to follow the directives of GECOM, the Chief Justice iterated while pointing to Section 18 of the Representation of the People Act.
“If it is the considered opinion of the CEO that in the face of Order 60 he can produce a report based on Section 84 declarations, then one would expect that he must be guided accordingly by GECOM. This, the evidence discloses the Chairperson has sought to do via the letters transmitted to the CEO. Thus, as determined by the CCJ, unless overturned by a Court in an Election Petition, the only data that could be used for the declaration of the results of the elections would have to be the recount results or data,” the Chief Justice said in her virtual ruling broadcast live on YouTube.
Before addressing the meat of the matter, the Chief Justice based on the particulars of the case, assumed jurisdiction, however had ruled that the issues regarding the constitutionality of Section 22 and the Recount Order were res judicata, meaning that the issues were adjudicated upon by a competent court in the past.
Senior Counsel Roysdale Forde, one of the attorneys representing Jones, while thanking the Court’s for its judgment signaled his client’s intention to appeal the decision of the High Court. The appeal according to him will be filed by tomorrow. In doing so, Forde asked for a commitment from the Chair of GECOM and the Chief Elections Officer that the electoral process would be stayed pending the ruling of the appellate court. Such a commitment was given, however, once the appeal is filed by tomorrow.