THE Caribbean Court of Justice (CCJ) will, today, hold a case management conference (CMC) during which the timeline for the election petition case will be finalised.

The case was filed to challenge the Court of Appeal (CoA)’s decision that it has the jurisdiction to hear and determine the appeal of the dismissal of APNU+AFC’s Election Petition 99 of 2020.

Attorney-General Mohabir Anil Nandlall, S.C., and Vice-President Dr. Bharrat Jagdeo as the General Secretary of the People’s Progressive Party (PPP) are the applicants in the case.

Nandlall and Jadgeo have contended that the appeal is a matter of public interest and national importance as it touches and concerns matters related to the 2020 General and Regional Elections.

In a 2-1 decision handed down on December 21, 2021, the Kingston-based CoA said it has jurisdiction to entertain an appeal challenging acting Chief Justice Roxane George’s decision to dismiss the said petition, on the grounds of late service, non-service, or improper service.

Acting Chancellor of the Judiciary, Yonette Cummings and Justice of Appeal Dawn Gregory both agreed that the Court of Appeal has the jurisdiction to hear and determine the appeal that was filed.

However, Justice of Appeal Rishi Persaud disagreed, as, according to him, the applicants, Monica Thomas and Brennan Nurse, had no right to appeal, since there was no final decision by the CJ, who had dismissed the application on January 18, 2021, on the grounds of serious non-compliance. At the time, the matter was before the High Court.

He had also ruled that the Full Court of the High Court does not have jurisdiction to entertain the appeal, and, therefore, ruled that the appeal be dismissed.

The initial appeal was filed by APNU’s lawyer, Roysdale Forde and Trinidadian attorney John Jeremie, S.C.

Among other things, they had contended that the CJ erred in law, and misdirected herself when she misapplied the doctrine of strict compliance by holding that such compliance is related to the contents of the Affidavit of Service, instead of the filing of the Affidavit of Service in a timely manner.

The CCJ is Guyana’s final court of appeal.