CCJ issues order blocking declaration of elections results

The Caribbean Court of Justice (CCJ) On Tuesday issued an order blocking the declaration of the March 2, 2020 elections here after the opposition, which lost a Court of Appeal decision on Monday challenged the decision in the regional court.

The CCJ order requires the Guyana Elections Commission and its officers and agents to take no step to prejudice the fair hearing of an Application made to the Court by Mohammed Irfaan Ali and Bharrat Jagdeo. “The steps prohibit, including but not limited to, declaring the results of the Guyana elections held on 2nd March 2020 until the CCJ issued final orders following the hearing and determination of the questions raised before it in the said Application,” the CCJ said in a statement.

According to the court, counsel for Ali and Jagdeo had applied to the Court Tuesday for Special Leave to appeal against a decision of the Court of Appeal of Guyana delivered on Monday 22nd June 2020. The CCJ has ordered that all Respondents to the Application acknowledge service of the said Application by 4:00 pm on Wednesday 24th June 2020. A Case Management Conference on the matter filed is to be held on Thursday 25th June 2020 at 3:00 pm via video conference with a view to a proposed hearing on Wednesday 1st July 2020 at 10:00 am to determine the issues raised in the Application, also to be heard via video conference in light of the global Coronavirus pandemic.

Earlier on Tuesday the Attorney General’s Chambers has informed the public that, according to law, no appeal can be made to the ruling on the Eslyn David elections matter. It made this clear on Tuesday even as People’s Progressive Party/Civic (PPP/C) Executive Member, Anil Nandlall announced on his Facebook page that his party has filed and served an appeal to the Caribbean Court of Justice (CCJ).

On Tuesday, in media release, the Attorney General’s Chambers stated that although the CCJ holds the position of Guyana’s superior court of record, it has continuously recognised that it only has jurisdiction and powers granted by the Agreement establishing the CCJ; by the Constitution or any other law of the Contracting Party.

This is in keeping with the Caribbean Court of Justice Act, Chapter 3:07 Section 4 (3) which states: “Nothing in this Act shall confer jurisdiction on the Court to hear matters in relation to any decision of the Court of Appeal which at the time of entry into force of this Act was declared to be final by any law.”

Furthermore, in the elections case brought by Eslyn David, the Court of Appeal ruled that it had jurisdiction to hear the case based on Article 177 (4) of the Constitution which states that ruling of the court on such matters is final. “The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as the question depends upon the qualification of any person for election or the interpretation of this Constitution; and any decision of that Court under this paragraph shall be final,” Article 177 (4) states.

According to the AG’s Chambers, the Caribbean Court of Justice Act took effect in 2004 at which time Article 177 (4) of the Constitution was already a part of the laws of Guyana which means that the decisions of the Court of Appeal final on the said matter. At its ruling on Monday, June 22, 2020, the Court of Appeal granted a request for a three-day stay of its judgement. The PPP/C has used this time to reach out to the CCJ which is evident in Nandlall’s announcement on his Facebook page that an “appeal to the Caribbean Court of Justice (CCJ) [has been] filed and served”.

Nonetheless, the AG’s Chambers informed the public that the jurisdiction of the CCJ is derived from three sources namely the Agreement, the Constitution and the law of a contracting party. It stated: “Therefore, where the effect of the provisions of the Constitution or the local law is to oust the jurisdiction of the Court, even where there is conflict with the Agreement, regard must be given to such local law. The Constitution is, after all, the supreme law of the land (Article 8 of the Constitution of Guyana) and nowhere in the Constitution exists a provision that mandates that the CCJ is to exercise appellate jurisdiction in respect of all matters determined by the Court of Appeal.”