A week after his application seeking an order to compel Cabinet to resign was labelled by the Chief Justice (CJ) Roxanne George, as an “absolute abuse” of the court process, opposition-aligned attorney-at-law, Anil Nandlall has filed an appeal.
According to the “Notice of Appeal” seen by this publication, Nandlall proffered six grounds for appeal including the argument that the CJ erred in law in “failing” to properly give a true interpretation to, and to apply and give effect to the provisions of Article 106(6) of the Constitution commanding, mandating and requiring the resignation of the Cabinet including the President, when the Government is defeated by a vote of majority of all the elected members of the National Assembly on a vote of confidence.
The appellate is also seeking a conservatory order, or an order restraining the cabinet including the President from meeting, making decisions as, or performing the functions of Cabinet.
The Chief Justice, on October 16, ruled that Nandlall’s application was vexatious and an “absolute abuse” of the court process since the CCJ has already made a pronouncement on the issue in that government remains in office, but as a “caretaker.”
In the circumstances, the Chief Justice ordered that Nandlall pay a substantial cost, $500,000 to the Attorney General, who was listed as the Respondent in his application.
Nandlall. in his Notice of Appeal, is also asking that the CJ’s ruling inclusive of the cost, be reversed.
