THE Caribbean Court of Justice (CCJ), on Wednesday, ruled that the Court of Appeal (CoA) in Guyana does not have the jurisdiction to entertain the appeal filed to challenge the dismissal of APNU+AFC’s Election Petition 99 of 2020.
The Trinidad-based allowed the appeal filed by Attorney-General Mohabir Anil Nandlall, S.C., and Vice-President Dr. Bharrat Jagdeo as the General Secretary of the People’s Progressive Party (PPP) against a decision of Guyana’s appeal court to entertain Elections Petition No. 99, which had previously been put down by Chief Justice (ag) Roxane George citing procedural issues.
In the ruling delivered by CCJ Judge, Winston Anderson, the apex court found that the CoA lacked jurisdiction to hear and determine the appeal.
The Court emphasised that Article 163(3) of the Constitution limits the right to appeal decisions of the High Court in election petitions to only two circumstances.
Justice Anderson, in delivering the ruling of the CCJ said, the decision of the Chief Justice to strike out the petition on the basis that there was improper/late service on the Former leader of the APNU+AFC, David Granger did not fall into either of those circumstances and, thus, an appeal was not possible by the APNU+AFC was not possible.