ATTORNEY GENERAL and Minister of Legal Affairs, Anil Nandlall, yesterday moved to the High Court seeking to have Speaker of the National Assembly, Raphael Trotman’s ruling prohibiting Home Affairs Minister, Clement Rohee from speaking in the Parliament and referring him to the Committee of Privileges, declared “unlawful, unconstitutional, ultra vires, in excess of and without jurisdiction, contrary to the rules of natural justice arbitrary, capricious, null and void and of no effect.” The legal document stated that the Speaker, who is the second named respondent of the motion has no power whatsoever under the Standing Orders, the Laws of Guyana, or the Constitution to impose a prohibition on a member of the National Assembly from speaking or performing the functions which devolve upon that member, either as a member or as a Minister thereof.
In light of this, the Speaker’s ruling is without any legal or factual base and therefore the Privileges Committee has no jurisdiction to deal with or determine any issue remitted to it.
The AG is also moving to have an Order setting aside, vacating, quashing or rescinding the decision and or ruling of the Speaker as well as any decision arising from the Privileges Committee since the referral is without any legal base.
The joint Opposition (APNU and AFC) has initially filed a no confidence motion against Minister Rohee, which they used their one-seat majority to pass. They subsequently brought to the House another motion to prevent the Minister from speaking.
Their intention, which was disclosed at a public meeting on August 24 at Stabroek Market Square, is to suspend the minister for a period of six months, if their ‘no confidence’ motion was not adhered to.
The AG’s Motion to the court is also seeking to have an Order directing the Speaker to permit Minister Rohee to, not only perform his functions as an elected member of the National Assembly, but also as an appointed Minister of the Government of Guyana, pursuant to the Constitution and the Laws of Guyana.(GINA)