ATTORNEY General, Basil Williams has argued that the court has no jurisdiction to proceed with the Red House court challenge, brought on by the Cheddi Jagan Research Centre Inc., arguing among other things that it was the President who revoked the lease of the facility and according to Article 182 of the Constitution, no civil action can be instituted against him for any decision made in the performance of the functions of his office.

President David Granger late last year ordered that the controversial lease for Red House, which housed the Cheddi Jagan Research Centre Incorporated (CJRCI) be revoked and that the occupants vacate the property. The decision had come one day after Williams had issued a statement detailing the history of the CJRCI’s occupancy of the building and outlining that there was no valid lease agreement as former President Bharrat Jagdeo had refused to approve at least two applications for the lease.

Chairman of the Management Committee of the Centre subsequently moved to the High Court requesting Conservatory Orders to restrain or prevent the government from taking possession of the building; declared that the lease was valid and that President Granger’s revocation order was illegal.

When the matter came up before Chief Justice, Yonette Cummings-Edwards on Monday Williams S.C., made submissions in LIMINE, submitting that the court’s first duty is to determine whether it had jurisdiction to proceed to hear the matter before it. The Attorney General contended that the learned Chief Justice had no Jurisdiction to proceed with the matter, citing that an applicant, who goes ex parte to the Court has a duty to be candid with the Court and make full and frank disclosures of material facts within his knowledge.

He said failure to do so gives the court the right to discharge any order made and refuse to deal with the merits of the matter. According to the Attorney General, CJRCI failed to make full and frank disclosures of material facts in its application by way of Affidavit for Conservatory Orders when it concealed from the Court that President Donald Ramotar had approved the lease in 2012; that the lease being 99 years was not executed in the manner of a transport before the Court, e.g, was not published in the official Gazette; that the lease was not filed as record in the Registry and annotated and that Red House is a National Monument under the National Trust Act Chapter 20:03.

Additionally, the Attorney General submitted that the omission to execute the contract in the manner of a transport before the Court and file it as of record in the Registry was also fatal, since under the Deeds Registry Act Chapter 5:01 such a lease was invalid, ineffectual and could not be pleaded in a Court of Law. “The Learned Chief Justice, as a result, had no Jurisdiction to proceed to hear the application that is foundationed on such a lease. Likewise the Learned Chief Justice could not proceed to hear the application of a lease rendered invalid by not having the sanction of the President and being an attempt to unlawfully lease National Trust Property,” the Attorney General argues.

Attorney, Anil Nandlall, who is representing CJRIC, told reporters following Monday’s hearing that it is the AG who has failed to filed an affidavit in answer. “That Affidavit had not yet been filed. On the last occasion that we came to court, the Attorney General, for the first time then indicated that he wished to make some preliminary submissions, in relation to the jurisdiction of the court and today (Monday) was fixed for him to do so, and he made no submissions,” Nandlall pointed out.

According to Nandlall, the submissions made by Williams on Monday were very difficult to comprehend, and to his knowledge deeply flawed. He said that Minister Williams’ recent arguments were not based on the issue of jurisdiction of the court, but whether the case has merit or not.“ Nandlall is expected to reply to the submissions when the matter comes up again on February 28.

In addition to the orders the Centre is seeking damages in excess of $1M for breach of lease of government land for educational or research purposes; damages in excess of $1M for breach of the applicant’s fundamental rights and freedoms as guaranteed by the Constitution of Guyana. Conservatory Orders were also sought preventing and or restraining the government or state from ejecting or evicting the Cheddi Jagan Research Inc. until the hearing and determination of this action and preventing or restraining the Government from removing any documents, photographs, artifacts, souvenirs, furniture, fixtures, appliances and/or any other property from the property were also requested.