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The Caribbean Court of Justice (CCJ) has set Tuesday, July 19, 2022 for the hearing of arguments in appeals filed by both the Vice President Bharrat Jagdeo and the Attorney General, Anil Nandlall challenging the Court of Appeal’s decision that it has jurisdiction to hear an appeal challenging the High Court’s decision to nullify Election Petition 99 over non-compliance of service.
The date was set during a virtual Case Management Conference (CMC) chaired by Justice Jacob Wit on Tuesday, May 31, 2022. Arguments will commence at 10:00hrs on July 19.
The cases – the Attorney General of Guyana v Monica Thomas and Others; and Bharrat Jagdeo v Monica Thomas and Others – were filed separately, however, Justice Wit, based on consultation with the other judges, asked the appellants to file a joint record of appeal no later than June 7, 2022.
The appellants – who are being represented by Senior Counsel Douglas Mendes in the case of Jagdeo, and the Solicitor General Nigel Hawke in the case of the Attorney General – are required to submit their written submissions on or before June 14 while the respondents are required to file and serve their written submissions on or before June 28.
Last December, the Court of Appeal ruled that it had jurisdiction to hear the case –Monica Thomas and Brennan Nurse v the Chief Elections Officer, Keith Lowenfield and others.
In that matter, Senior Counsel Mendes had argued that the appellate court had no jurisdiction to hear the appeal. He submitted that the appeal is not covered under Article 163 (3) of the Constitution, and as a consequent, the Court has no jurisdiction.
But the Appellate Court ruled that the Article 163 of the Constitution confers jurisdiction on the Court of Appeal to entertain an appeal when an election petition has been dismissed on procedural grounds.
