-cites multiple constitutional breaches, defects

ATTORNEY-GENERAL and Minister of Legal Affairs, Anil Nandlall, SC, has said that he has moved to court to strike out an election petition filed by the Forward Guyana Movement (FGM), noting that it is riddled with procedural defects and constitutional breaches.

Speaking during his weekly programme, ‘Issues in the News,’ the AG outlined a series of legal missteps committed by the FGM, which he said render the petition “a nullity.”

“We have filed a summons to strike out that election petition… on a number of grounds. One, that they did not obtain leave of the High Court to file the petition as is required by Article 163(3) of the Constitution. And if you don’t apply and obtain leave, the entire proceedings are a nullity, so the case is going to start from the beginning,” Nandlall said.

He went on to add that other serious procedural errors were made by the party. “In addition to that, we are also contending that they didn’t name all the parties. They didn’t serve the petition properly, and within the time required for that to be done. The petition itself is not in the prescribed form, and other statutory documents that are required to support a petition of that type are not in their prescribed form or have not been filed.”

The Attorney-General added that the FGM’s case represents a continuation of what he described as a pattern of flawed litigation initiated by the party against both the State and the Guyana Elections Commission (GECOM).

“Forward Guyana Movement, because they have broiled the Attorney General in a series of litigation… days before the elections, [they] filed a challenge in the High Court, claiming that GECOM wrongly excluded their name from ballot papers, and that case was heard and determined by the current Acting Chief Justice, Mr Justice Navindra Singh.”

Nandlall recalled that during that earlier case, both he and GECOM’s attorneys had argued that the challenge was based on a complete misinterpretation of the law.

“I made submissions, as did the GECOM lawyers, to the effect that there was a complete and utter misunderstanding of the relevant provisions of the Constitution and of the Representation of the People Act. I said publicly and in court that I have never seen such misapplication and misunderstanding of clear English language,” he said.

That case, he reminded, was dismissed by Justice Singh, who described the matter as “hopeless, completely without merit, ridiculous,” and further imposed a $1 million cost order against the Forward Guyana Movement. The party then filed an appeal before the Court of Appeal, he said.

“The judges said that the case was ludicrous, was wholly without merit, was an abuse of the process of the court, and accused the FGM party and lawyers of not being candid with the court and withholding information. It was a tongue-lashing of the highest order. Another million-dollar cost was imposed by that court when it dismissed the case.”

The AG disclosed that the appellate court also ruled it had no jurisdiction to hear the matter, stating that such proceedings should have been filed as an election petition. “That ruling was handed down on the second of October… Now they have filed for leave to appeal to the CCJ (Caribbean Court of Justice) … but at the same time, they have filed an election petition in the High Court.”

Even though FGM has since followed the appellate court’s advice and filed a petition, he went on to note that it still fails to meet constitutional and procedural standards.

“Though they have followed the advice, they are now appealing the Court of Appeal’s decision to the CCJ… but they still have an election petition which they filed in the High Court that has to be heard.”

The Attorney General stressed that the election petition law is peculiar and unique and further minor procedural errors can be fatal. “Any procedural error is normally fatal. The PNC learned that the bitter way with the two petitions that they filed after the 2020 elections, both were dismissed within six months of the filing because of errors that were made by Roysdale Forde and the group of lawyers who were representing them… Well, this one is ten times worse.”

Meanwhile, he stated that the courts ordered costs in the previous matter involving the FGM, which are still outstanding.

“You have owing to the Attorney General a million-dollar cost for the High Court action that Justice Navindra Singh dismissed, and another million dollars which the Court of Appeal granted when they dismissed the appeal… We have written to Vivian Williams and to Ms. Fisher… and we are requesting the $2 million costs to be paid, which the court said must be paid by November the 14th.”

Against this backdrop, he added that if the sums are not paid by the deadline, steps will promptly be taken to ensure the money is paid.