Court of Appeal rules, by majority, to move ahead with APNU+AFC elections petition

GUYANA’S Court of Appeal, on Tuesday, ruled that it has special jurisdiction to hear and determine the appeal of the elections petition, 99 of 2020, filed by the A Partnership for National Unity + Alliance For Change (APNU+AFC) seeking to nullify the results of the 2020 General and Regional Elections.

Two Justices of Appeal, Chancellor of the Judiciary, Yonette Cummings-Edwards, and Justices of Appeal, Dawn Gregory, ruled that the court had special jurisdiction. Appeal Justice, Rishi Persaud did not.

Justice Persaud said that the applicants, Monica Thomas and Brennan Nurse, had no right to appeal since there was no final decision by Chief Justice (ag) Roxane George at the High Court. Chief Justice George had dismissed the application at the beginning of this year on the grounds of serious non-compliance.

Justice Persaud further ruled the Full Court of the High Court does not have jurisdiction to entertain the appeal also, and urged for the appeal to be dismissed.

The ruling has paved the way for the Court of Appeal to hear the substantive matter relating to the elections petition. A date is yet to be set.

Attorney General (AG) Anil Nandlall, and Senior Counsel Douglas Mendes of Trinidad & Tobago, have signaled their possible intention to appeal the Court of Appeal’s ruling at the Caribbean Court of Justice (CCJ).

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