Saturday, August 22, 2026
Village Voice News
ADVERTISEMENT
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us
No Result
View All Result
Village Voice News
No Result
View All Result
Home News

Recount Order was unconstitutional Forde maintains in Election Petition #88 Appeal Case

Admin by Admin
March 24, 2023
in News
Attorneys at Law Selwyn Pieters and Senior Counsel Roysdale Forde who both appeared for the appellants.

Attorneys at Law Selwyn Pieters and Senior Counsel Roysdale Forde who both appeared for the appellants.

0
SHARES
0
VIEWS
Share on FacebookShare on Twitter

Arguments in the Election Petition appeal case #88 wrapped up Tuesday, March 21, 2023 as Attorney for the appellants, Senior Counsel Roysdale Forde told the High Court that the Parliament of Guyana is the only institution vested with the power by the Constitution to modify the country’s Electoral Laws.

He was making the case against the Recount Order that led to an outcome of the last elections.

READ ALSO

Linden Paid the Price—14 Years Later, Where Are the Promised Benefits?

Demerara Revolt: Solomon Blasts Government for Ignoring Historic Fight for Freedom

In 2020, the Guyana Elections Commission (GECOM) brought Order 60 into effect to facilitate a national recount of the votes cast at the March 2 Elections, and in doing so, the Commission relied on the Election Laws (Amendment) Act.

However,  Forde told the Appellate Court that Section 22 of the Act conflicts with the Constitution, and is therefore unconstitutional.

“We submit that the conferral of such power on GECOM; the power to issue orders to modify Electoral Laws, where in the opinion of GECOM there is a difficulty in the application of electoral laws constitute an abdication of part or portion of the constitutional authority conferred on the Parliament of Guyana by the Constitution to pass laws in accordance with Articles 65 and 170 in respect of the Electoral System,” the Senior Counsel argued.

He told the panel of judges led by the acting Chancellor of the Judiciary, Justice Yonette Cummings that it is the function and responsibility of the Parliament to formulate legislative policy and not GECOM.

At the level of the High Court, the Election Petition, filed by Claudette Thorne and Heston Bostwick – was dismissed by the Chief Justice (ag) Roxane George on the grounds that there was nothing unconstitutional about Section 22 of the Election Laws (Amendment) Act and or Order 60.

But Mr Forde, who appeared together with Attorney-at-Law Selwyn Pieters for the appellants, told the Appeal Court that Section 22 constitutes the unconstitutional divestment of a plenary legislative power vested in Parliament.

He said as such, the conferral of the plenary legislative power on the Elections Commission is unconstitutional.

“It is our submission that Article 160 (3) (a) (4) of the Constitution provides that Parliament by our Constitution is conferred with the authority and an exclusive authority to enact legislation if it so desires to determine the manner in which the election shall be held,” he submitted.

Forde argued that Article 160 (3) (a) (4) is not an ordinary plenary legislative power but a constitutional one. He told the Court that Section 22 therefore encroaches upon the Constitution.

He also told the Court that Section 22 and Order 60 by their amplitude of power, contravened the doctrine of the Separation of Powers inherent in the Constitution.

It was based on the results of that recount that President Irfaan Ali was declared the winner and elected to Office.

The APNU+AFC is seeking to nullify the entire Elections on the basis that the recount was illegal.

During the post poll deliberations in 2020, President David Granger of the APNU+AFC along with Opposition Leader Bharrat Jagdeo, had  agreed to a recount utilizing Section 22 of the Election Laws (Amendment) Act and Order 60.

In earlier submissions, Senior Counsel Douglas Mendes, who is representing Vice President Jagdeo and Attorney General, Anil Nandlall urged the Appellate Court to dismiss the appeal, as they maintained that the arguments made by Senior Counsel Forde were rubbish .

The Court will hand down its decision at a date to be announced later. (WiredJA)

ShareTweetSendShareSend

Related Posts

L-R Then Region 10 Regional Chairman Sharma Solomon and then Prime  Minister Sam Hinds signing the Agreement- August 21, 2012
News

Linden Paid the Price—14 Years Later, Where Are the Promised Benefits?

by Admin
August 21, 2026

Fourteen years after the people of Linden staged a 33-day protest that forced the Government to reverse a controversial electricity...

Read moreDetails
Sharma Solomon MP (APNU)
News

Demerara Revolt: Solomon Blasts Government for Ignoring Historic Fight for Freedom

by Admin
August 21, 2026

More than two centuries after thousands of enslaved Africans rose against the brutal plantation system in Demerara, the legacy of...

Read moreDetails
News

GRSI Makes Aviation History, Opens New Lifeline to Guyana’s Hinterland

by Admin
August 21, 2026

A new chapter has opened in Guyana’s aviation history with Guyana Rotorcraft Services Inc. (GRSI) becoming the first domestic aviation...

Read moreDetails
Next Post
PNCR Leader and Leader of the Opposition, Aubrey Norton MP

Opposition blasts Government for not allowing sufficient time to discuss Production Sharing Agreement


EDITOR'S PICK

Illustration: Chen Xia/GT

US compounds its mistake with plan to revoke waivers for foreign chipmakers in China

June 24, 2025
Mumbai Indians captain Harmanpreet Kaur was unhappy about a run out during MI's game against DC  •  WPL

LED-bail glitch prompts WPL rule change: Wicket broken only when bail fully dislodged

February 17, 2025
Jamaica's Prime Minister Andrew Holness

PM Holness to deliver keynote address at JSE three-day Conference

January 18, 2024
L-R President Irfaan Ali, GHK Lall

Unity and Inclusions, Old Footballs, No Goals

May 9, 2026

© 2024 Village Voice

No Result
View All Result
  • Home
  • News
  • Sports
  • Editorial
  • Letters
  • Global
  • Columns
    • Eye On Guyana
    • Hindsight
    • Lincoln Lewis Speaks
    • Future Notes
    • Blackout
    • From The Desk of Roysdale Forde SC
    • Diplomatic Speak
    • Mark’s Take
    • In the village
    • Mind Your Business
    • Bad & Bold
    • The Voice of Labour
    • The Herbal Section
    • Politics 101 with Dr. David Hinds
    • Talking Dollars & Making Sense
    • Book Review 
  • Education & Technology
  • E-Paper
  • Contact Us

© 2024 Village Voice