John Jeremie, the Trinidadian Senior Counsel representing the Petitioners in the case – Claudette Thorne and Heston Bostwick vs. the Chief Elections Officer (CEO) and others, on Wednesday, maintained that Section 22 of the Elections Laws (Amendment) Act, which was heavily relied upon by the Guyana Elections Commission (GECOM) to bring Order 60 (Recount Order) into effect, is unconstitutional. He, therefore, invited the Court to nullify the results of the 2020 General and Regional Elections as declared by GECOM on August 2, 2020.
But GECOM’s Attorney, Senior Counsel Anthony Astaphan, in rejecting the arguments put by Jeremie said the Elections Commission will not concede that it erred in law. Vice President Bharrat Jagdeo – the Fourth Named Respondent – through his Attorney, Senior Council Douglas Mendes, and the Attorney General, Anil Nandlall also argued in favour of the Recount Order.
GECOM had resorted to a National Recount after a dispute arose over the results of the elections as declared by the Region 4 Returning Officer, Clairmont Mingo.
Jeremie, who from the onset of Wednesday’s virtual hearing was grilled by Chief Justice Roxane George-Wiltshire, admitted that there were challenges.
“Yes, there were difficulties but those difficulties could not be resolved by GECOM. There were difficulties that had to be resolved by an Election Court,” Jeremie told the Chief Justice. He
submitted that the powers to set aside declarations rest solely with the Elections Court as stipulated by Article 163 of the Constitution and not with the Elections Commission. GECOM, Jeremie further submitted, could not have arrogated onto itself the power to resolve elections related dispute. Further, he told the Court that GECOM did not just set aside a single declaration, but the declarations made in all 10 Regions.
But GECOM’s Attorney, Senior Counsel Timothy Astaphan told the High Court that GECOM acted in accordance with Section 22 of the Elections Laws (Amendment) Act, which sets the foundation for the Election Commission to address difficulties arising during an election.
Further, Astaphan submitted that the Caribbean Court of Justice (CCJ), in its 2020 ruling, had ratified directly or indirectly the purpose, motive and lawfulness of Order 60 for the purpose of removing “the difficulties which were slowly but surely driving Guyana into a series of severe social and political upheaval.”
“We are submitting that there is nothing pleaded in this case to suggest any sort of total non-compliance with the provisions of the Representation of the Peoples Act, which required there to be a recount to remove the difficulties that were being experienced by GECOM and the country…,”he submitted.
The Senior Counsel further added: “Our primary case My Lady as you would see from our written submission was that there was no breach…”
Astaphan told the Court that the Recount Order was in compliance with Section 22 of the Elections Law (Amendment) Act, the Representation of the Peoples Act and Article 162 of the Constitution.
Against that background, Attorney, on behalf of the Elections Commission, invited the Court to dismiss the petition.
Vice President Bharrat Jagdeo, through his attorney, Senior Counsel Douglas Mendes; and the Attorney General Anil Nandlall, S.C also argued in favor of the recount.
The CJ, in announcing the date for the ruling, said she had hoped to deliver the ruling within two weeks, however, given the arguments put, she has set April 26, 2021 as a tentative date.
