Dear Editor
GUYANA is a functioning democratic sovereign country with an established judicial system. It is pugnacious and capricious for the US Secretary of State Mike Pompeo, together with the OAS, UN, UK, Canada and regional Caribbean heads to issue ultimatums which interfere with the legal processes of our Supreme Court and proper legal framework. These interventions are baseless and in contravention of our constitution and laws. The actions of these international bodies, (Prime) Ministers and the US Secretary seem to be guided by distortions.
Here are the details:-

General and Regional Elections were conducted under Article 106 (7) of the Constitution of the Cooperative Republic of Guyana. Stemming from diverse misconceptions with the tabulation of the March 2 2020 ballots, a number of local court filings were actuated. Amidst these proceedings a recount exercise was initiated, stemming from an agreement entered into by His Excellency President David Granger and Leader of the Opposition Bharrat Jagdeo. That recount exercise was reduced to law in the form of a subsidiary piece of legislation, Order 60 of 2020. The legislation set out the aim of the exercise which was to determine a final, credible count. At the end of the recount an application was filed at the court to determine the validity of the recount order and its findings. There was much dissatisfaction with the rulings of our local High Court and Appeal Court. Therefore, the matter of validity of votes for the declaration of a President was placed before Guyana’s highest court, the Caribbean Court of Justice (CCJ) for judgement.

Prior to entering into the recount order and exercise, the legal officer of the Guyana Elections Commission (GECOM) and the Chief Parliamentary Counsel (CPC) advised the Chairperson of GECOM that the order would be in contravention of the constitution and established laws that direct the GECOM. Notwithstanding the legal advice the GECOM Chairperson proceeded to create Order 60 of 2020.
Fast forwarding, the concluding opinion (paragraph 52) of the CCJ stated that Order 60 of 2020 is in tension with the Constitution of Guyana and could not create a new election regime.

Therefore, the logical view is, if the order under which the recount is to be executed is in tension with the constitution and to the extent of that inconsistency is void, therefore the tabulated results must be void. The CCJ referred the matter back to the framework of the elections established pursuant to Article 177 (2) (b) of the constitution and Section 96 of the Representation of the People Act, Cap. 1:03 of Guyana.

With the ruling of the CCJ that has in effect stated that Order 60 of 2020 is NOT VALID it is absurd that the Peoples Progressive Party Civic (PPP/C) is seeking a declaration under that process. Thus, logical reasoning will determine the PPP/C’s claims to the presidency are NULL and VOID. The CCJ clearly stated in paragraph 37 of its ruling that “the allocation of seats in the National Assembly and the identification of the successful presidential candidate are determined on the sole basis of votes counted and information furnished by returning officers under the Representation of the People Act.” It is in that regard that the chief elections officer (CEO) of the Guyana Elections Commission (GECOM) has submitted his findings and report.

Further, Section 96 under which the CEO is required to prepare an elections report requires that he must obtain his information from statutory officers called returning officers. The chief justice during a matter that arose out of the elections exercise deliberated greatly on the duties of the statutory officers. However, contrary to this, at the recount exercise there were no returning officers present to participate in the exercise. Therefore, the GECOM has not made a declaration announcing a new president thus, no president was sworn in. Hence, the incumbent APNU+AFC government cannot concede.

Please note that the CEO of GECOM is an experienced and well-learned elections officer whose post was established under the PPP/C government for over a decade.
The CEO submitted his report that was in keeping with the constitution and section 96 of the Representation of the People Act Cap 1:03 as mandated by the CCJ.

However, the chairwperson has acted contrary to the constitution by refusing the report and further unconstitutionally, directed the CEO to prepare a report based on the invalid recount done under the unconstitutional Order 60 of 2020.
The political factions of Guyana and their respective leaders must at all times follow the mandates of the GECOM, the law and be guided by the legal procedures of our democratic courts.
The chairperson of the GECOM upon directing the CEO to prepare his final report based on numbers from the recount is unconstitutional and incites much tension.

The actions of the GECOM Chair are NOT in compliance with the sworn Oath of Office she took but is rather seemingly biased with favoured political preference. This act of political sabotage of our constitutional framework is ribbed in the spine of a much greater plot by the PPP/C, international organisations, private individuals and elite government officials across the regional and international diaspora of corrupt governments to establish control of Guyana’s newly attained oil wealth.

However, the puppeteer is an established global power with centuries of experience in destabilising democracies that do not align with their interests.

In closing, the recent acts, abhorrent statements and ultimatums placed on the Government of Guyana is analogous to its’ citizenry. The US state Department along with regional heads and international organisations are dimly deceived and are acting compulsorily erroneous to penetrate the fabric of Guyana’s permanence.

As a citizen of Guyana I call upon you, Hon. Speaker to intervene in this matter seeking out verification of the facts I presented in my letter. I charge you to not be swayed by persons within high offices whose actions are biased due to personal privileges and financial, promised prospects.
Respectfully
Accabre Cheddi Sepaul
Citizen of Guyana