The hearing of a Notice of Motion filed in the Court of Appeal by APNU/AFC supporter, Eslyn David, began on Friday morning before Justices Dawn Gregory Barnes, Rishi Persaud and Brassington Reynolds at Guyana’s Court of Appeal.
Today’s hearing was for case management. The case will continue at 11:00h tomorrow
for a hearing. At tomorrow’s hearing each lawyer will be given 30 minutes for their oral submissions. However, they all have by the end to today to file their affidavits in response.
On Thursday, Opposition Leader Bharrat Jagdeo contended that the Notice of Motion filed in the Court of Appeal by the APNU/AFC supporter is a “disguised” elections petition.
The legal action was filed by Attorney Mayo Robertson on behalf of David of Pike Street, North Sophia, Georgetown. It named Chief Elections Officer Keith Lowenfield; GECOM Chair (retired) Justice Claudette Singh; the Guyana Elections Commission, and Attorney General of Guyana as respondents. The Peoples Progressive Party have since been added as a party to the proceedings.
It is asking for a series of orders to stop the Guyana Elections Commission (GECOM) from moving ahead with the declaration of the results from the March 2 elections.
Chief Elections Officer Keith Lowenfield was expected to submit his final elections report to GECOM on Thursday, but failed to do so after he was served with a mere legal notice of the intent. This, coupled with the fact that the seven-member Commission did not have the quorum to convene its meeting due to the absence of two of the three APNU/AFC nominated commissioners, forced GECOM Chair, Justice Claudette Singh, to postpone the much- anticipated meeting that would have paved the way for a final declaration and eventual swearing in of PPP/C’s Dr Irfaan Ali as the new President of Guyana. Jagdeo believes the events that played out on Thursday were “well-coordinated” to deliberately cause further delays.
Meanwhile, David is asking the court to make a declaration that GECOM has failed to “determine a final credible count and/or the credibility of the results of the General and Regional Elections” in accordance with Order No. 60 of 2020 and the amended Order dated the 29th day of May, 2020.
David also wants the court to issue an order for an interpretation of the words “more votes are cast” in Article 177 (2) (b) of the Constitution.
Already, Peoples Progressive Party/Civic (PPP/C) Presidential Candidate Dr Irfaan Ali has been deemed, according to Article 177(2) (b), the President-elect of Guyana, given that the party has secured the most votes at the March 2 polls.
Article 177 (2) (b) states: “…where there are two or more Presidential candidates, if more votes are cast in favour of the list in which a person is designated as Presidential candidate than in favour of any other list, that Presidential candidate shall be deemed to be elected President and shall be so declared by the Chairman of the Elections Commission…”
The Coalition supporter is also asking the court for an Order restraining the CEO from “complying with the Direction of the Chairman of the Guyana Elections Commission…to submit to the Guyana Elections Commission an Elections Report under Article 177 (2) ( b) of the Constitution of Guyana [and under Section 96 of the Representation of the People Act] without the Guyana Elections Commission determining the final credible count and/or the credibility of the General and Regional Elections…”
The Coalition supporter also wants an Order restraining the CEO from submitting to GECOM his elections report which contains votes that are not valid and credible within the meaning of Order No. 60 of 2020, and under Section 96 of the Representation of the People Act.
The Notice of Motion was served on the CEO before 13
:00h on Thursday – the deadline that he was given by the GECOM Chair to submit his final elections report.
