JUSTICE (ret’d) James Patterson has tendered his resignation from the post of Chairman of the Guyana Elections Commission(GECOM) following the ruling of the Caribbean Court of Justice (CCJ) that his appointment was “flawed” and thereby unconstitutional.
His resignation took effect on Monday June 24, 2019.

Earlier this morning, he met with President David Granger who thanked him for his service over the past 20 months.

Meanwhile, the Ministry of the Presidency, in a release today, has since listed the post as “vacant”.

Justice Patterson was appointed as GECOM Chair in October 2017 by President Granger who believed Patterson to be someone with no political affiliation who possesses the general characteristics of honesty, integrity, faithfulness and diligence.

While Opposition Leader, Bharrat Jagdeo, had sent to President Granger three lists of a total of 18 names for selection for the post, the Head of State found these to be unacceptable and unsatisfactory to the criteria laid out.
As such, on October 19, 2017, President Granger activated the proviso in Article 161 (2) and appointed Patterson as GECOM Chair.

This is in keeping with Article 161(2) which says the Commission’s Chairman “shall be a person who holds or who has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge, or any other fit and proper person, to be appointed by the President from a list of six persons, not unacceptable to the President, submitted by the LOP after meaningful consultation with the non-governmental political parties represented in the National Assembly.”

In objection, Executive Secretary of the opposition People’s Progressive Party (PPP), Zulfikar Mustapha, moved to the High Court in October 2017 to declare that the appointment Patterson as unconstitutional.

The case was brought against Attorney General, Basil Williams, by Mustapha who was represented by Attorney-at-Law, Anil Nandlall.

The applicant argued that the retired judge could not be politically impartial and independent in the discharge of his functions.

He had asked the court to grant an order “setting aside the appointment” of Patterson and to choose a person from the 18 nominees submitted.

However, the decision of the High Court and later the Court of Appeal validated the process of appointing Justice (Ret’d) Patterson.

Taking the matter further, to Guyana’s highest court of appeal, it was later ruled by the Trinidad-based CCJ ruled that Patterson’s appointment was unconstitutional on the basis that the process was flawed.

The CCJ ruled that the President and the opposition Leader ought to have met prior to the submission of the list and consulted on names.

CCJ President, Justice Adrian Saunders, explained that consultation between the President and the opposition leader would have allowed for consensus and submission of a list of six persons who would have reached the eligibility requirements.

“Nothing in this judgment is intended, in the slightest degree, to cast aspersions on the competence and suitability of Justice Patterson for the position of Chairman of GECOM. Nor is there anything to suggest that His Excellency acted otherwise than in good faith,” Justice Saunders stated.

Since the decision on June 18, 2019, President Granger has indicated his intention of re-initiating the process of appointing a new chairman and also made known the government’s respect for the court’s ruling.

“The Government of Guyana reiterates its acceptance of the CCJ ruling in the case of Zulfikar Mustafa and the Attorney General of Guyana and the Chairman of the Guyana Elections Commission,” the Ministry of the Presidency reminded in a release Tuesday.

The CCJ has since requested that GECOM’s Senior Counsel, Stanley Marcus, as well as other parties involved in the no-confidence vote against the government, come to a consensus on a possible way forward on these matters prior to July 12, 2019.