Today the High Court is set to receive the Election Petition challenging the 2020 election results. Raphael Trotman, Chairman of the Alliance for Change, a partner in the Coalition, last Friday said, “I do believe that we’ll have two petitions because there has been great interest, both here in Guyana and overseas, in ensuring that we have credible petitions going forward.”
Any who paid attention, even scant, know the integrity of the 2020 election remains in dispute. What the 33-days recount exercise revealed is not something any citizen, local or international, who believes in the credibility of the vote would accept. That the Guyana Elections Commission (GECOM), by majority vote, accepted the recount figures to declare the results has brought into disrepute the integrity of the Commission.
It has been argued by some that based on the election law, GECOM was left with no choice but to declare results, including the questionable numbers, then any aggrieved can file a petition after. The counter-argument to this, by dissenting members on the Commission and some in society, is that the same election law that was used to facilitate the recount in order to remove “difficulties” to arrive at a “final credible count,” could have been used for a non-declaration given the grave irregularities. Others hold the view the international community wanted regime change and was determined to achieve it by any means necessary.
The judiciary was caught in the crosshairs and there remains doubt whether these officers of court ruled per law or political directive. While for some they sought to accept that GECOM is an independent body and should be allowed to function so, others felt the rulings were convenient and judges bowed to international forces. The ruling of the Caribbean Court of Justice remains one of the most discussed based on the interpretation applied to Paragraph 37.
The decision handed down in said paragraph reads as follows: The Presidential candidate on the list for which more votes have been cast than any other list is deemed to be elected as President, and the Chairman of GECOM must so declare. Both the allocation of seats in the National Assembly and the identification of the successful Presidential candidate are determined on the sole basis of votes counted and information furnished by returning officers under the Representation of the People Act.” Emphasis ours.
Closure needs to be brought to the 2020 Elections. A declaration, in all its warts, is now behind us. The Election Petition before us. As the court ruled only a petition can address the irregularities unearthed during the recount, the court must move with haste to expedite the petition. Whenever the decisions are handed down, hopefully thrust could be restored in the Judiciary that it is independent. That confidence for citizens will be measured by justice not only being done but also seen to be done. The Observations Reports and evidence arising therefrom are expected to guide the hearing and swift expediting. Many share Mr. Trotman’s expectation “the High Court will set a very, very early date because this is a matter of national, regional and international importance and the speedier we have this resolved, the better.”
