THIS past week, Attorney General and Minister of Legal Affairs Anil Nandlall, S.C., said a lot but actually said nothing new. Nandlall, for the record, said he would “never” seek to influence any judge or magistrate in any case that is before the court. He said, on his weekly programme, Issues in the News, he would “never” seek to prejudice the outcome of any case.
He said he was being unfairly blamed for the 2020 election fraud case not being completed to date. He said that he is “not responsible.” The AG, in frustration, said he or the government does not control the judiciary in Guyana, but has criticised its slothfulness. Nandlall stated that the case should have been completed a “long time ago with a particular outcome.”
Nonetheless, the AG reported that he believes that “progress” is being made. Nandlall said that several dates have been set for the court case to continue in February 2026. Firstly, no reasonable and objective person is laying the blame at the feet of the People’s Progressive Party government ‘solely’ for the lack of progress in the 2020 elections fraud case. Those who do are neither rational nor reasonable, and must spend some time with the law.
The public, understandably, feels that both the government and the judiciary are to blame for the slothfulness and the status quo. The government, through the AG and Legal Affairs Minister, has consistently registered the general and strong concerns about the delays and slothfulness of this case. The AG must do better and much more without appearing to influence the case or trial. He and the executive branch of government must do more to ensure that the public fully understands that the prosecution is doing its utmost to exact justice.
He and other PPP/C politicians must explain the problems they are facing with this election fraud trial at the grassroots political levels. The public, through the government, must learn what is going on behind the walls of the courtroom. And these one-off interviews are simply boring and underwhelming. Sometimes one is confused because of the prosecution’s big words and fancy language, which are hard to comprehend.
Secondly, the judiciary must take the majority of the blame. No number of excuses will suffice as to why, years later, there has not been a quantum leap in the proceedings before the courts. There have been delays after delays with this case. There have been procedural and human resources delays that could have been avoided from the start with case management.
A section of the public feels it is deliberate and the justice system is being made to drag its feet so that there will be no justice. There are also mounting concerns about potential injustices and a perceived lack of transparency and independence within the judiciary relating to the election fraud trial.
Whatever the case may be, this is not right! And, the judiciary gives the public the feeling that justice is slow and ineffective. The Chancellor (ag) and Chief Justice (ag) cannot be satisfied with the manner in which this case has been crawling along since 2020. Are they? They must hold the magistrates and judicial officers accountable.
The public needs to know what systems would be put in place to speed up this trial, separate from the days already set for February next year. The public needs reassurance that this slothfulness and ineffectiveness will not be allowed to take place again, especially in cases related to elections in this country.
What measures will be taken to prevent it? I am not happy at all. I am livid to see the government spend so many taxpayers’ dollars on this case. That money could have gone to other areas. Thirdly, all of the current government’s efforts would be in vain if no outcome is achieved in the trial of the defendants, including prominent political figures and former election officials, charged with various offences related to manipulating election results.
Charged since 2020 are People’s National Congress Reform (PNCR) activist Carol Smith-Joseph; former PNCR Chair, Volda Lawrence; former Chief Elections Officer (CEO) at the Guyana Elections Commission (GECOM), Keith Lowenfield; former Deputy CEO Roxanne Myers; former Region Four (Demerara-Mahaica) Returning Officer Clairmont Mingo; and GECOM employees Sheffern February, Enrique Livan, Denise Babb-Cummings, and Michelle Miller. Together, they are still facing 19 conspiracy charges at the end of 2025.
Additionally, the work of the CoI into the fraud that engulfed the 2020 elections would be wasted if no one were held accountable in this case.
Remember, President Irfaan Ali said in August 2021 that “Never again shall we countenance, in our country, any attempt to deny the popular will of the people… I hope and pray that never again will our people have to endure the agonising and fearful ordeal that we suffered for five months from March 2 to August 2, 2020. Never again should the air of freedom that we breathe be poisoned by the noxious fumes of electoral malpractice and fraud. Never again should our integrity as a nation be threatened by the base motives and the nefarious intrigues of those who will defy the will of the people, and subvert our democracy, and their lust for personal power.”
And recall that it was Vice President Bharrat Jagdeo who said in essence that justice delayed, in this sense, is a case where justice is denied. He warned that the government would be prepared to take the case all the way to the CCJ if needs be. Finally, the time is running out and the public is restlessly demanding justice.
DISCLAIMER: The views and opinions expressed in this column are solely those of the author and do not necessarily reflect the official policy or position of the Guyana National Newspapers Limited.