LEADER of the People’s National Congress/Reform (PNC/R), Aubrey Norton has publicly contended that the legitimacy of the People’s Progressive Party/Civic (PPP/C) government has to be determined by an elections petition.

In response, Attorney General and Minister of Legal Affairs, Anil Nandlall said that even by using Norton’s logic, the PPP/C government is legitimate. Nandlall argued on Saturday that the opposition has filed not one, but two elections petition which were both heard and dismissed by the High Court that has the jurisdiction to do so.

“Therefore, following Mr. Norton’s logic, the government’s legitimacy has been determined twice by the proper constitutional forum,” Nandlall posited. He continued, “Admittedly, appeals have been filed against those rulings. However, Mr. Norton’s legal advisers will inform him that the filing of appeals do not, by and of themselves, operate to stay the decisions appealed against.”

Further, Nandlall said that Norton ought to be advised that “in any event, it is juridically impossible to stay the dismissal of a case.”

It is Nandlall’s legal argument that the “legitimacy” of a government cannot be determined by an elections petition; that election petition may determine that the government is “illegitimate.”

He went even further to quote what he said is a fundamental principle of law expressed in the Latin maxim, ‘’omnia praesumuntur rite esse acta,” which means, “All things are presumed to be done in due form.’’

This principle, Nandlall asserted, applies to the March 2, 2020, General and Regional Elections.

“It is buttressed by several incontrovertible processes, including that those elections were observed and certified to be free, fair and credible by every local, regional and international agency invited and accredited to do so,” Nandlall said pointedly.

He noted too that it is not within the purview, remit, or power of the leader of the opposition to determine the legitimacy of the government.

“The corollary is also a truism: it is not within the purview, remit, or power of the leader of the opposition to determine the illegitimacy of the government, either,” Nandlall said.

In reaffirming the legitimacy of President Dr. Irfaan Ali and the PPP/C government, Nandlall said that every single ballot was recounted in what could be deemed an unprecedented occurrence in modern electoral history.

“That recount was observed by a team described by Mr. Norton’s predecessor, no other than the sitting President at the time, Mr. David Granger as ‘the most legitimate interlocutor.’ The team adjudged the exercise to be transparent and credible,” Nandlall reminded.

He also pointed to the fact that the recount was facilitated by Statements of Poll (SoP’s) in the custody of the PPP/C and every other contending party, with the exception of the main A Partnership for National Unity + Alliance For Change (APNU+AFC) Opposition, as well as those in the possession of the Guyana Elections Commission (GECOM).

“Strikingly, Mr. Norton’s party is yet to disclose their Statements of Poll for anyone to examine. It is in these circumstances that the Chairperson of GECOM declared Dr. Mohamed Irfaan Ali, to be elected President of the Cooperative Republic of Guyana and the People’s Progressive Party/Civic to be the victor at those elections,” Nandlall said, adding, “Hence, I agree with Mr. Norton ‘that legitimacy comes from elections in this regard.’”

The official pronouncements of the elections were made six months after polling day. After that, several GECOM employees, along with a number of now opposition members, were fingered in allegations of electoral fraud and attempts to steal votes in favour of the APNU+AFC, which is led by the PNC/R.

Although the official declaration was properly made, the APNU+AFC has refused to recognise the administration as being one that is legitimate.