…AG signals intention to appeal

JUSTICE Gino Persaud on Monday handed down his ruling in the matter between People’s Progressive Party Member and Guyana Elections Commission (GECOM) commissioner, Bibi Shadick and the State.

The ongoing matter brought before the court by Shadick and her counsel, Attorney Anil Nandlall, contends that Minister of Communities, Ronald Bulkan had failed to issue an order for the holding of Local Government Elections (LGE) under the Local Democratic Organs Act Cap. 28.09, as well as against the chief elections officer for demarcating and re-demarcating constituencies’ boundaries without consultations with electors, stakeholders and political parties.

However, State representative, Attorney General and Minister of Legal Affairs, Basil Williams, argued that the court has no jurisdiction to entertain the application by Shadick, on grounds that once allegations of irregularities and illegalities are raised after the elections process has begun, the law requires that any such challenge must come after the elections are held and by way of an elections petition.

Nandlall, in the interim, filed an application in attempt to bar the minister from challenging the court’s jurisdiction. This motion however, was deemed “fallacious and without merit,” and was therefore ruled out by the judge.

Justice Persaud, in explaining what led to his decision on the jurisdiction matter, stated that AG’s sole reason as to why the court lacks jurisdiction to hear the matter, is based on Section 146 of the Local Authorities Elections Act. This section he says, states that (1) any question whether any person has been validly elected as a councillor shall be referred to and determined by the Court, and (2) Every such reference shall be by a petition (hereinafter referred to as an election petition) presented to the Court.
The operative terms in this section Justice Persaud said, is “whether any person has been validly elected as a councillor”, adding that it is completely irrelevant to the issues raised by the applicant. Coming to that conclusion, the judge dismissed the application and summoned that indeed the Court has jurisdiction to hear the substance of the case.
Both parties were given two weeks to make the necessary submissions, after which the judge will fix a date for decision. This he says will definitely be before the Local Government Elections which is scheduled for November 12th.

Upon exiting the courtroom after the decision was passed, AG told the media that he is not sure what transpired in the court and made mention of appealing Justice Persaud’s decision. Mr. Williams stated that the judge referred to matters applicable to National elections, noting that he had submitted cases on LGE, which he did hear the judge mention. He stated also, that he is unaware if the judge has the authority to show that the same principle applies for LGE. He also added “If you’re saying that the elections were not properly declared, boundaries were not properly set, and demarcations were unlawful… You are saying on November 12th, the elections held under these circumstances, will not produce validly elected councilors.” “A lot of money has been spent on the elections and we have to continue doing what we have to do.” AG concluded.

Meanwhile, Nandlall expressed: “I have been saying from the inception, that the question of the court’s lack of jurisdiction does not arise. This is not a case where one is challenging the election on a councillor, the law is very clear… We are challenging certain actions that are antecedent to the election of councilors,” he said. Adding that his only regret is that they would have wasted two weeks of valuable time when the elections are so close, and he is of the belief that there is an “agenda to stall and dilate the matter.” Both parties were ordered to return on October 29th with their submissions and the presiding judge will fix a date for decision.