A DECISION will be made by Chancellor (ag) Justice Yvonne Cummings-Edwards on March 24, on whether the court has jurisdiction to proceed with the Red House court challenge, brought on by the Cheddi Jagan Research Centre Inc. (CJRC).
This was confirmed by former Attorney General (AG), Anil Nandlall, who is acting on behalf of the CJRI, following a hearing of the matter on Wednesday by the Chancellor (ag). The hearing, which lasted for a few minutes, was attended by the current AG, Basil Williams S.C., who is representing the State, which reclaimed a plot of land that houses the famous Red House where the CJRC is located.
AG Williams, S.C., has argued that the court has no jurisdiction to proceed with the Red House court challenge, since it was the President who revoked the lease of the facility. He reasoned that Article 182 of the Constitution states that no civil action can be instituted against the Head-of-State 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 CJRC be revoked and that the occupants vacate the property. The AG had detailed the history of the centre, noting that there was no valid lease agreement as former President Bharrat Jagdeo had refused to approve at least two applications for the lease of that land.
Chairman of the Management Committee of the Centre, Hydar Ally subsequently moved to the High Court, requesting Conservatory Orders to restrain or prevent the government from taking possession of the building. He contended that the lease was valid and that President Granger’s revocation order was illegal.
When the matter came up before Justice Cummings-Edwards, who was then Chief Justice (ag) in February, AG Williams S.C., made submissions in LIMINE (motion made by a lawyer before the trial actually begins), submitting that the court’s first duty is to determine whether it had jurisdiction to proceed to hear the matter before it. The ruling on this is set for March 24, 2017.