Justice Franklin Holder has dismissed an application by Leader of the Opposition, Bharrat Jagdeo in which he had asked the court to order Guyana Elections Commission (GECOM), Chief Elections Officer (CEO) Keith Lowenfield to disclose the Statements of Poll (SoPs) for Region Four.
Jagdeo’s lawyers, Trinidad-based Senior Counsel Douglas Mendes and Anil Nandlall had explained that the basis for the application was to assist the court in dealing with the controversy which erupted from Region 4 Returning Officer, Clairmont Mingo’s tabulation and declaration of Region 4 votes.
However, Senior Counsel Neil Boston who is representing the CEO, had always maintained that the court has no jurisdiction to entertain such an application. Boston explained that the correct procedure to be used to bring such an application is through an elections petition pursuant to the relevant electoral laws.
Earlier today, the same judge dismissed an application by Jagdeo in which he requested of the court to throw out a case by private citizen, Ulita Moore, who is also a candidate of the A Partnership for National Unity +Alliance for Change (APNU+AFC) versus GECOM. Jagdeo’s basis was the court has no jurisdiction to hear it.
The Judge will hear a trial before making a final order in Moore’s case. She has since secured an interim injunction blocking the CARICOM-supervised national recount.
Moore, in her case, wants the court to find that a decision by GECOM to have a high level team from the Caribbean Community (CARICOM) supervise a national recount of all the votes in the March General and Regional Elections is in contravention of the Constitution of Guyana and the Representation of the People Act.
Further, Moore has also asked the court to prohibit GECOM from conducting what she says is an unlawful recount of the votes, and to have the already declared results for the 10 electoral districts be made final.
