Following a ruling that she has jurisdiction to hear a case brought on behalf of the People’s Progressive Party Civic (PPP/C), for the votes cast in Region 4 to be verified before being declared, Chief Justice Roxane George, this afternoon entertained lengthy legal arguments, and is set to hand down a decision tomorrow at 14:00hrs.
The party’s action which was filed by Reeaz Holladar has been brought against the Guyana Elections Commission (GECOM), its Chief Elections Officer (CEO), Keith Lowenfield and Clairmont Mingo, the Returning Officer for Region 4.
On behalf of the PPP/C, Trinidad-based Senior Counsel, Douglas Mendes is arguing that Mingo failed to comply with Section 84 (1) of the Representation of the People Act. He explained that Region 4 had 897 polling stations and Mingo only allowed for the tabulation of 421 Statement of Polls (SoP), and went ahead and aborted the process.
It was then he declared the votes to the CEO, who went ahead and prepared a final report for the 10 electoral districts.
Pleading with the court to nullify the declaration made by Mingo, Mendes argued that should the court take this course it will not prejudice anyone. The Senior Counsel added that it is clear Mingo flouted his duties outlined in the Act. Against this backdrop, Mendes is contending that the declaration is unconstitutional, illegal, null, void and of no effect.
The Senior Counsel is also asking the court to order Mingo to verify the votes using the SOPs, before making a declaration of the votes obtained by each political party for Region 4. He said that should the court issue and order mandating Mingo to follow the relevant electoral laws, it will ensure public trust and confidence in the country’s electoral system.
Mendes also took issue with Mingo appointing Senior Clerk Michelle Mingo to assist with the electoral process after he fell ill. Mendes said that although Section 86 (1) of the aforesaid Act states that the Returning Officer can decide which elections officer can assist him, Miller did not fall into that category and as such could not be designated to perform such duties by the Returning Officer.
Nonetheless, Mendes maintained that if the electoral process is not followed it could lead to distrust, suspicion and a lack of confidence in the results declared. Senior Counsel Boston, who appeared on behalf of GECOM, submitted that the law does not specify what methodology the Returning Officer has to use in order to arrive at the results.
As a matter of fact, Boston said that the Returning Officer could adopt whatever method he wishes to use, and in this case, Mingo used spreadsheets, instead of SOPs , which was obviously what the PPP preferred. The Senior Counsel said that since the party’s main issue is with the discrepancies between SoPs it obtained from its party agents and the spreadsheets used by GECOM, there is a remedy provided for this; a recount pursuant to Section 84 (2) of the said Act.
Boston further argued that there is evidence to support that Mingo did indeed make a declaration, and that his failure to do the verification process does not in no way invalidate the declaration. In his view, Mingo’s actions were in “substantial compliance [with the law].” In responding to Boston’s submissions, Justice George said that in her view the law seems not to suggest any uniformed method for counting votes.
Again, she said, it was her view that the law seems to imply that it is left up to each Returning Officer to kind of figure out what technique is best. Declaration for votes for all 10 administrative regions, have been posted on GECOM’s website. Although GECOM, is yet to make an overall declaration as it relates to the electoral districts, the figures on the website show that the A Partnership for National Unity+ Alliance For Change (APNU/AFC) are in favorable position.
