The High Court of Guyana has dismissed a case filed by the opposition against President Dr Irfaan Ali for alleged dereliction of duty in the non-appointment of top judicial posts. Last year, Opposition Member of Parliament, Vinceroy Jordan, approached the court seeking a declaration that the Head of State breached the Constitution by failing to fill the substantive posts of Chancellor and Chief Justice.
Speaking on the ruling, Legal Affairs Minister and Attorney General, Anil Nandlall, explained that Judge Damone Younge dismissed the case and refused to grant any of the reliefs Jordan sought. The judge, he said, stated that there was no evidence to suggest that President Ali violated any provision of the Constitution or was guilty of dereliction of duty.
Nandlall further explained that Guyana has not seen these substantive postings for decades due to an amendment to the Constitution in 2001, which requires an agreement between the Opposition Leader and President before appointments are made. Despite several attempts to reach an agreement with past Opposition Leaders and former Heads of State, these efforts have been unsuccessful.
He added that when Joseph Harmon became Opposition Leader after his A Partnership For National Unity + Alliance for Change (APNU+AFC) party lost the March 2020 General Elections, he declared the government “illegitimate” and refused to engage the President. The Head of State, in response, took a position that he will not engage an Opposition Leader who does not recognise the legitimacy of his government. This stalemate, Nandlall remarked, further derailed efforts.
Nandlall also noted that the opposition’s case was unreasonable as President Ali had only two months to consult and arrive at an agreement with Aubrey Norton, who assumed office as the Leader of the Opposition in April 2022. The case was filed in June of the same year. This was in stark contrast to the 20 years that passed without these appointments being made by past presidents and opposition leaders.
”So, Vinceroy Jordan was essentially asking the court to find that President Ali breached the Constitution and acted in gross dereliction of his duty because appointments were not made effectively in that two-month period – appointments that past presidents and opposition leaders were not able to make in 20 years! Such was the unreasonableness of the case!”
Nandlall noted Judge Younge’s reminder that the independence of the judiciary is of paramount importance and that the prolonged delay in filling these substantive posts could have debilitating effects on the branch.
