December 07 set for case management in elections petition appeal

The Court of Appeal has set December 07 for a case management conference (CMC) into the APNU+AFC’s elections petition #88 of 2020, which was dismissed last year by Chief Justice (ag) Roxane George, SC.

During a previous hearing, APNU+AFC Parliamentarian and Attorney Roysdale Forde, SC, who represents the petitioners, Claudette Thorne and Heston Bostwick had asked the court for an adjournment since they were still awaiting the written decision of the Chief Justice to compile a record of appeal.

When the case was called before the Chancellor of the Judiciary, Yonette Cummings-Edwards and Justices of Appeal Dawn Gregory and Rishi Persaud on Tuesday, Forde informed the court that he was in possession of the decision and requested another adjournment to “compile and serve” the documents.

The Appeal Court granted Forde three weeks to serve the records of appeal and then set December 07 for CMC.

Some 19 months ago, the Chief Justice dismissed the petition and ruled that the March 02, 2020 election was conducted lawfully and there were no breaches, violations or non-compliance with the laws of Guyana by the Guyana Elections Commission (GECOM.)

A second petition #99 of 2020 was also dismissed by the Chief Justice on the procedural grounds and subsequently appealed.

But the Caribbean Court of Justice ruled that Guyana’s Court of Appeal does not have jurisdiction to hear the appeal filed against the decision of the Chief Justice.

In December 2021, the CoA in a 2-1 decision ruled that it has the jurisdiction, or power, to hear the appeal filed.

The Trinidad-based court, however, ruled in favor of an application filed by Attorney-General Anil Nandlall, S.C., and Vice-President Dr. Bharrat Jagdeo as the General Secretary of the People’s Progressive Party Civic (PPP/C)

This dismissed petition for which an appeal is now being filed is the APNU+AFC final legal challenge to the elections.