The Attorney General and Minister of Legal Affairs, Anil Nandlall has filed a Notice of Motion today, seeking to strike out the A Partnership for National Unity + Alliance for Change (APNU+AFC)’s Election Petition #99 appeal. In the document seen by the Guyana Standard, Nandlall is asking the Appeal Court to uphold the Chief Justice, Roxane George’s ruling made on January 18, 2021, in which she dismissed the petition on the basis of procedural irregularity.
The motion to strike is being made on the grounds:
1. By Order dated 18th January 2021 and entered 19th January 2021, George CJ (ag) dismissed Election Petition 99 of 2020 on the basis of procedural irregularity.
2. Article 163 (3) of the Constitution of the Cooperative Republic of Guyana, Chapter 1:01, Laws of Guyana, provides that an appeal of an Election Petition lies to the Court of Appeal:
a. from decisions in the High Court on the granting or refusing of leave to institute proceedings for the determination of any question referred to in Article 163 (1); and
b. the determination by the High Court of any question referred to in Article 163 (1) of the Constitution or any order made in consequence of such determination.
3. The decision of George CJ (ag) is not a decision granting or refusing leave to institute proceedings for the determination of any question referred to in Article 163 (1) of the Constitution.
4. The decision of George CJ (ag) was not, and did not involve a determination of a question referred to in Article 163 (1) of the Constitution, or any Order made in the consequence of such determination.
5. The Election Petition jurisdiction of the High Court is sui generis.
6. The jurisdiction of the Court of Appeal to hear an appeal from a decision of the High Court in an Election Petition must be founded in the Constitution or statute.
7. The High Court has no inherent jurisdiction regarding its adjudication of an Election Petition.
8. There is no statutory or Constitutional instrument granting jurisdiction to the Court of Appeal to hear an appeal of an Election Petition dismissed for procedural impropriety, or any other reason not stated in Article 163 (1) of the Constitution.
Petition 99 of 2020 (99/20) is based on allegations of several irregularities in the conduct of the elections including: “Widespread voter impersonation; widespread noncompliance with documentation; flawed voters’ list; and several other irregularities”.
