– Appellate Court upholds decisions of the High Court ruling

– says Opposition Leader should have engaged the President before submitting initial list to determine acceptability

The Court of Appeal moments ago ruled that the appointment of Justice (Ret’d) James Patterson as Chairman of the Guyana Elections Commission (GECOM) by President David Granger is constitutional, thereby upholding the decision of the High Court.

Decision was handed down by Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, Justice Dawn Gregory and Justice Rishi Persaud.

Alluding to Article 161 (2), Justice Gregory, in delivering the ruling, said she is of the view that a list of six names was contemplated by the framers, and also established the need for consultation.

She ruled that while the Opposition Leader Bharrat Jagdeo submitted three lists with six sets of names, he should have engaged the President prior to the submission of the list to give rise to consensus.

“I find that to have submitted a list, three sets of names, and simultaneously ask the President, in submitting those names to choose a chairman, in my mind that could not have been contemplated as achieving consensus.

“So I read not unacceptable to the President as requiring the Leader of the Opposition to engage in a separate process of determining acceptability and then after the engagement process is undertaken then to have gathered one list of six names,” Justice Gregory explained.

Other elements of the case were considered by the Chancellor (ag), Justice Gregory and Justice Persaud in arriving at the decision.

At the end of the ruling, Attorney General and Minister of Legal Affairs, Basil Williams expressed satisfaction.

The now dismissed case was brought against the Attorney General by People’s Progressive Party (PPP) Executive Secretary, Zulfikar Mustapha, who is being represented by Attorney-at-Law Anil Nandlall.

Pick up a copy of the Guyana Chronicle tomorrow for a detailed report