Dear Editor,
Former President Granger erred severely in opining that certain matters such as those of an electoral nature ought not be litigated at the level of the CCJ.
On March 14, 2021, during an airing of the “Public Interest”, he further asserted that the role of the Court of Appeal should be strengthened to deal with all internal electoral matters. This in essence casts a shadow of doubt – whether barefacedly or subliminally – on the competence and capacity of the CCJ, especially given the circumstances of his comments.
Two distinguished UWI lecturers, in an article dated October 22, 2021, published by an online publication, made the observation that the High Court and the CCJ are often times on the same page when arriving at judgements. Notably, it is the Court of Appeal whose Granger’s faith lies in, that made its way to jaw-dropping judgements which required frequent reigning in by the CCJ for being bad in law. These range from but are not limited to; inventive mathematical reasonings as to what constitutes a majority, somehow justifying erroneous unconstitutional appointments and even paving the way for the disenfranchisement of 100,000+ votes at an election.
Permit me to make it abundantly clear that I hold the Chancellor and Judges of the Court of Appeal in the highest regard. Their intelligence and capabilities are at a place one can only dream to attain. And on that note, I do agree wholeheartedly with the former President that the capacity and independence of the Court of Appeal must be strengthened but, in so doing we cannot despise the CCJ for its contributions and making sensible judgements. The CCJ in its appellate jurisdiction remains a beacon of hope, not only to Guyanese but many other Caribbean countries, that independent and unbiased judgements will always be the order of the day.
In Guyana, more mechanisms should be put in place to ensure the separation of powers among the Executive, Judicial and Legislative branches of Government. Some might say, and pragmatically so, that the concern of bias is at the very inception given that Judicial appointments originate from the Executive branch. This of course, is debatable. However, the CCJ does not rely on Governments for funding or even their appointments. The CCJ can then be seen as an uncompromisable institution which has proven itself in the face of many litigative adversities presented before them and this country must continue to recognise and stand by this institution.
Yours truly,
Kadeem Gordon
Youth Activist
