An application filed by Former Attorney General and Opposition-aligned lawyer, Anil Nandlall for an order compelling Cabinet, including the President to resign, comes up next Monday September 09, 2019 before Chief Justice Roxane George.
Those proceedings will most likely be for case management conference.
Last Monday, Nandlall, by way of a Fixed Date Application (FDA), moved to the High Court where he is seeking an order compelling Cabinet, including the President to resign as a result of the government being defeated by the passage of a No-Confidence Motion in the National Assembly on December 21, 2018.
In the alternative, Nandlall is seeking a Conservatory Order or an order restraining the Cabinet, inclusive of the President, from meeting, making decisions as, or performing the functions of Cabinet.
Also, in the alternative, the lawyer is asking the court for a Mandatory Order compelling the Cabinet, including the President, to give effect to the resignation of the Cabinet, including the President, which occurred by the provisions set out in Article 106(6) of the Constitution of Guyana. Further, Nandlall is also seeking such further orders as the court deems fit and court costs.
He pointed out that Article 106 (6), states, “The Cabinet including the President shall resign if the Government is defeated by a vote of a majority of all the elected members of the National Assembly.”
Article 106 (7) adds, “Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”
Meanwhile, in substantiating his requests, Nandlall said, that on the 21st December 2018, he was present in the National Assembly and voted in support of a No-Confidence Motion, tabled by the Leader of the Opposition, Mr. Bharrat Jagdeo, against the current Government of Guyana, which was successfully passed, by a vote of a majority of all the elected members of the National Assembly.
He said, “And in consequence thereof, Resolution 101 was issued under the Hand of the Clerk of the National Assembly, certifying that the said No-Confidence Motion was lawfully and properly passed.”
“To this date, nine months after the passage of the No-Confidence Motion, the Cabinet, inclusive of the President, failed and or neglected, and or omitted, to resign in accordance with the unambiguous prescription and mandate of Article 106(6) of the Constitution, the supreme law of Guyana,” Nandlall noted in the FDA.
