Court of Appeal pauses decision on election petition; Clears way for CCJ challenge

GUYANA’S Court of Appeal (COA), on Tuesday, cleared the way for Attorney-General, Anil Nandlall, S.C to challenge their December 21 decision allowing the hearing of Election Petition 99 filed by the A Partnership for National Unity + Alliance For Change (APNU+AFC).

Election Petition 99 was first dismissed by Chief Justice, Roxane George in early 2021 on the grounds of “late service, non-service, or improper service.” In December 2021, the justices of appeal ruled that the Court had jurisdiction to listen to the elections petition.

Mr Nandlall disagreed, and is now moving to the Caribbean Court of Justice (CCJ), Guyana’s highest court, to restore the Chief Justice’s original ruling.

Tuesday’s COA ruling was handed down by Chancellor of the Judiciary, Yonette Cummings-Edwards. The other justices in the tribunal were Justices of Appeal, Dawn Gregory and Rishi Persaud.

In their motion to appeal, Senior Counsel Nandlall and Vice-President Bharrat Jagdeo asked the appellate court to hold off on the implementation of its decision which gave the green light to Election Petition 99.

In the ruling today, Chancellor Cummings-Edwards announced the appellate court agreed to stay the decision, pending the escalation of the matter to the Trinidad-based CCJ.

Election Petition 99 of 2022 sought to assert that Guyana’s 2022 General and Regional Elections (GRE) were affected or possibly affected by unlawful acts or omissions. It further sought a declaration against the presidency of Dr Irfaan Ali.

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