CCJ may have final word on elections -as Jagdeo, Alli lodge appeal to yesterday's court decision

PPP General Secretary Bharrat Jagdeo and PPP/C presidential candidate Irfaan Ali today served notice of an appeal to the Caribbean Court of Justice (CCJ) of yesterday’s decision of the Guyana Court of Appeal which asserted that it had jurisdiction under Article 177 (4) of the constitution in relation to the election of the President.

In yesterday’s decision, the Court of Appeal made only one order to the effect that the words “more votes cast” should be interpreted to mean “more valid votes are cast in relation to the election held on 2nd March 2020”.

The Court of Appeal however declined to issue other orders which had been sought by the plaintiff Eslyn David against the Guyana Elections Commission including various orders restraining the Chief Election Officer (CEO) Keith Lowenfield from acting in relation to his final report.

In the proceedings filed, Jagdeo and Ali are seeking an expedited hearing and are asking for the following orders and interim:

“The Applicants/Intended Appellants be granted special leave to appeal to the

Caribbean Court of Justice against the majority decision of the Court of Appeal

given by the Honourable Madam Justice of Appeal Dawn Gregory-Barnes and the

Appeal Rishi Persaud dissenting, dated the 22nd day of June, 2020 in Civil Appeal

No. 41 of 2020 (the “Decision”), on the grounds set out in the Draft Notice of Appeal

exhibited to the Affidavit in support of this Notice of Application;

b) An order directing that this application be treated as the hearing of the appeal itself

and a corresponding order for directions, including an order dispensing with any

other requirements, and taking all such steps as may be necessary to hear the

appeal for which special leave is sought on an expedited basis;

c) An order directing that this application be urgently heard and that the time for

service of the Notice of Application pursuant to Rule 10.14 (2) be abridged by Order

of the Court from seven days to service forthwith upon the Intended Respondents

and consequential directions abridging the time for compliance with Rules 10.14

(3), (4) and (5) such that this Notice of Application may be heard and determined

on an urgent and expedited basis;

(i) Restraining the Chief Election Officer from issuing his Report pursuant to s. 96

of the Representation of the People Act or any report in reliance on the Decision,

inclusive of the modified interpretation of Article 177 (2) (b) of the Constitution of

Guyana given by the Court of Appeal, pending the determination of this application

and the Appeal for which special leave is sought herein;

agent of GECOM from taking any further steps to determine whether the recounted

votes as tabulated by the Chief Election Officer constitutes “a final credible count”

or otherwise enquiring into the validity or credibility of the tabulated votes pending

the determination of this application and the Appeal for which special leave is

(iii) Such fur