CCJ dismisses former MP’s application to defer sitting of National Assembly

The Caribbean Court of Justice (CCJ) has dismissed a case by former Member of Parliament Charrandas Persaud, in which he sought an order to defer the sitting of the National Assembly, which reconvenes today.

The respondents in this case were Compton Herbert Reid; Speaker of the House, Dr. Barton Scotland; Attorney General Basil Williams; Opposition Leader Bharrat Jagdeo; State Minister Joseph Harmon, and the Guyana Elections Commission (GECOM).
The CCJ’s ruling was made on Thursday following a pre-trial and submission of affidavits by both the applicant and the respondents in this matter.
According to a release to the media by the Attorney General’s Chambers, it has been further ordered that the applicant pay costs to the AG of Guyana, and those are to be assessed if not agreed upon.
According to a copy of the Court ruling, the CCJ, having considered last month the earlier ruling that the no- confidence motion was not validly passed in the National Assembly on December 21st last year, considers the status of the Government and the National Assembly of Guyana unaffected by the result of that vote taken in December last year.
As such, the CCJ, in its consideration of the submissions, stated that it would be imprudent in those circumstances for that Court to take what it deems “the most unusual step” of restraining the National Assembly from sitting, as urged by the applicant.

In the first week of January last, private citizen Compton Reid had filed an action challenging the validity of former Government Parliamentarian Charrandas Persaud’s election as a Member of Parliament (MP), given his Canadian citizenship – the consequence of which, he contended, is that the no-confidence motion against the APNU+AFC Government could not be regarded as having been passed.
On December 21st, a ‘yes’ vote from Persaud to an Opposition PPP/C-sponsored no-confidence motion against the APNU+AFC Government had tipped the scales 33-32 in favour of the motion. Consequently, Speaker of the National Assembly, Dr Barton Scotland, ruled that the motion had been carried.
Scotland has refused to reverse his recognition of the December 21 no-confidence motion, which propelled the Government to approach the courts to challenge the validity of Persaud’s vote and to seek an order staying the holding of general elections within the legally stipulated 90 days.
Less than a month after Reid had filed his action, Chief Justice (ag) Roxane George ruled on the case, stating that the court has no jurisdiction to hear challenges to Persaud’s petition, since the applicant Compton Reid would have had to file an elections petition within 28 days of those elections.
Justice George, however, said the court has jurisdiction to comment on the dual citizenship. She noted that the Constitution was very clear about dual citizenship status. To be qualified to be elected to the National Assembly, one must be 18 years old and Guyanese. It was established that Charrandas is a Guyanese citizen by birth.
The evidence is that, in order to be become a Canadian citizen, one has to take an oath and bear allegiance to Canada. Charrandas would have sworn allegiance to Canada to receive a passport.
The CJ noted that the holding of a passport has far-reaching consequences, and that by renewing the passport, one is renewing one’s own allegiance to the State.
According to the CJ, by swearing allegiance to another state, a dual citizen is not qualified to be elected to serve in the National Assembly.
This, she noted, is applicable to the MPs who currently hold dual citizenship in the National Assembly.