…any challenges to GECOM matters should be brought by Elections Petition

The Full Court today ruled that the court has no jurisdiction to hear the case brought by Ulita Moore challenging the Guyana Elections Commission’s (GECOM’s) decision to facilitate a national recount of all the votes cast at the March 2 General and Regional Elections.

The Full Court comprised Chief Justice Roxane George-Wiltshire and Justice Nareshwar Harnanan.

Last Friday (March 27), Justice Holder ruled that the High Court has jurisdiction to review the actions of GECOM in light of allegations that it may have acted outside of its constitutional powers when it opted to facilitate a national recount under the supervision of a high-level team from the Caribbean Community (CARICOM) based on an agreement brokered by two of the country’s political actors.

However, Opposition Leader Bharrat Jagdeo immediately, after the ruling, filed an appeal to the Full Court on the grounds that Justice Holder fell into error when he ruled that the Court had jurisdiction to hear the Fixed Date Application (FDA) brought by Moore.

According to Jagdeo’s lead attorney, Senior Counsel Douglas Mendes, Moore’s application should have been brought by way of an Elections Petition.

Given the decision of the court, GECOM will now decide on a way forward in the electoral process.