CHAIRPERSON of the Guyana Elections Commission (GECOM) Justice (Ret’d) Claudette Singh has said that election disputes must go to Guyana’s Supreme Court.
Justice Singh made this known in a letter addressed to Presidential Candidate of the A Partnership for National Unity (APNU) Aubrey Norton in response to a correspondence he dispatched on Friday.
This was done prior to the conclusion of a recount process initiated by APNU, which eventually ended in the coalition having less votes than initially declared.
On Friday, Norton wrote a letter to the chairperson seeking a forensic audit of the election, and demanded that the entire 2025 elections be aborted, though his party was the one that requested recounts following declarations being made for all ten electoral districts just two days after the September 1 election.
The Chairperson, in her correspondence on Friday evening, noted that the Commission was awaiting the outcome of the recounts in sub-district four of District Four, and the 77 ballot boxes in District Five, as requested by his party.
Regarding his request for ‘a forensic audit’ of the elections, or the complete annulment of the current electoral process, Justice Singh referred Norton to Guyana’s constitutional framework governing electoral disputes.
“Article 163 of the Constitution of Guyana explicitly stipulates that the High Court shall have exclusive jurisdiction to determine whether any question, whether generally or in any particular place, the election was lawfully conducted, or the result thereof has been or may have been affected by any unlawful act or omission. This article clearly outlines the legal procedure for addressing concerns about the lawfulness of the election or its results,” she said in the letter.
She said, therefore, that any claims of widespread irregularities necessitating a forensic audit or the annulment of the elections beyond the scope of the recounts would fall under the purview of the High Court by way of an election petition.
Justice Singh reminded Mr. Norton that GECOM’s primary responsibility is to conduct elections in a free, fair and transparent manner, while adhering strictly to the laws of Guyana.
“The Commission is committed to ensuring that the will of the people, as expressed through their votes, is accurately reflected in the final results. We urge all stakeholders to allow the established legal and procedural mechanisms to run their course,” she said in the letter.
The Chairperson said that once the final results are presented to the Commission, any party aggrieved by the outcome will have the right to file an election petition to the High Court, in accordance with Article 163 of the Constitution.
“This is the constitutionally prescribed method for challenging election results, and seeking redress for alleged irregularities that may have affected the outcome,” the letter said.
Justice Singh added that as the Chairperson, she remains committed to upholding the integrity of the electoral process and will continue to operate within the confines of the law.