Former Attorney General Anil Nandlall has filed a Notice of Motion in which he is asking the Court of Appeal to fix an early date for hearing his challenge against a ruling by Chief Justice (CJ) Roxane George in which she dismissed his application seeking an order compelling Cabinet, including the President, to resign, labeling it an “absolute abuse” of the court process.
In the Notice of Motion filed today, apart from seeking an early hearing, Nandlall is requesting that the matter be dealt with expeditiously. He is also praying for such further and other reliefs the court deems just.
Justice George in dismissing Nandlall’s application said, “This application is not only wholly misconceived, it is vexatious and an absolute abuse of the process of the court.”
The Chief Justice, on Wednesday, October 16, 2019 ruled that the Caribbean Court of Justice (CCJ) has already made a pronouncement on the issue in that government remains in office, but on a different footing, as a “caretaker” government. In arriving at this conclusion, Justice George relied on paragraph eight of the CCJ judgment in the consolidated No-Confidence Motion cases.
That paragraph states, “It is important, however, that the Court makes this point. In mandating that the Government shall remain in office notwithstanding its defeat and the resignation of the President and the Cabinet, Article 106 envisages that the tenure in office of the Cabinet, including the President, after the Government’s defeat, is on a different footing from that which existed prior to the vote of no confidence. Chancellor Cummings-Edwards, citing Hogg1, the Canadian constitutional expert, was right to note that:”
“…The government continues in office as a caretaker government or an interim government until the next elections ensue and a President is appointed (or reappointed) depending on the results of that election.”
The paragraph adds, “By convention, the government is expected to behave during this interim period as a caretaker and so restrain the exercise of its legal authority. It is this caretaker or interim role that explains the three-month deadline, in the first instance that the Article lays down, in principle, for the holding of the fresh elections.”
Nandlall has moved to the Court of Appeal for a review.
According to the “Notice of Appeal” seen by this publication, Nandlall has 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.
Nandlall in his Notice of Appeal is also asking that the CJ’s ruling inclusive of $500,000 court cost to Attorney General, Basil Williams, be reversed.
