The back and forth between the Guyana Cricket Board (GCB) and Cricket West Indies is now expected to intensify following a ruling in the GCB favour on Monday in Guyana’s High Court.
For over a year now, the GCB has been challenging the election of Trinidad and Tobago Cricket Board (TTCB) President Azim Bassarath as Vice-President of Cricket West Indies (CWI), which occurred back in March 2023.
The GCB had allegedly nominated Bassarath for the position, but reportedly later rescinded that nomination. However, the election allegedly proceeded with the GCB nomination as its basis, and the TTCB boss secured 6 votes, with 2 voting against and 4 abstaining.
According to the GCB, Justice Navendra Singh ruled that, among other things, the March 25th 2023 election is null, void, and of no legal effect, being contrary to the Articles of Association of Cricket West Indies and the laws and rules governing elections.
While the GCB has said it is happy with the ruling, CWI immediately announced an intention to appeal the ruling; which was followed by another official statement from the GCB.
GCB and CWI have been at loggerheads over the election of Azim Bassarath as CWI Vice-President for over a year
Below are the full statements from each entity in correct sequence.
GCB’s Initial statement: “On 5th August, 2024, High Court Judge of the Supreme Court of Guyana, the Honourable Mr. Justice Navindra Singh, ordered and declared that the election of Azim Bassarath as Vice President of Cricket West Indies Inc. (CWI) at the election held on 25th March, 2023 was null, void and of no legal effect, being contrary to the Articles of Association of Cricket West Indies and the laws and rules governing elections.
The Guyana Cricket Board (GCB), in January, 2023, nominated Azim Bassarath for the position of Vice President of CWI in accordance with the Artiles of Association of CWI Inc. GCB later withdrew the said nomination prior to the election. The said withdrawal was done in writing, and was premised on certain reports/ information received by the GCB in relation to Mr. Bassarath’s conduct as President of the Trinidad & Tobago Cricket Board.
The Returning Officer for the CWI elections, Mr. Greogory Nicholls, an Attorney–at–Law from the Island of Barbados, proceeded to hold the election for Vice President with Mr. Bassarath as the candidate, despite the written and oral vociferous objection by GCB.
At the said election, after the objections were made by GCB, the Returning Officer and a selected few immediate past Directors of CWI met secretly in a huddle and decided to proceed with the election of Mr Bassarath. The select few immediate past Directors of CWI and Mr. Nicholls refused to extend the common courtesy of affording GCB an audience and an opportunity to be heard in that “huddle”.
Immediately after the election, GCB wrote several letters to CWI to correct the glaring and blatant wrongdoing at the election, but CWI, despite being given more than a year to correct the wrong, refused to do so.
Cricket West Indies (CWI) expressed an intent to appeal Monday’s ruling
On several occasions, CWI boasted to GCB that it was relying on the legal opinions of several leading regional legal scholars which allegedly suggest that the election of Mr Bassarath was lawful and proper. Despite many requests and the fact that GCB is a Full Member shareholder of CWI, these alleged opinions were never given to GCB. GCB came to the reasonable conclusion that CWI never had any such opinions.
With CWI refusing to correct the unmistakable unlawful election of Mr. Bassarath, GCB was left with no alternative but to approach the High Court for redress. The GCB thereafter filed High Court Action No. 2024-HC-DEM-CIV-FDA-566.
Messrs. Bassarath and Nichols and CWI were named as Respondents in the High Court Action, and notwithstanding that they were served with the proceedings in May, 2024 and June, 2024, they did not file any defences or applications prior to the first Court hearing on 5th July, 2024. The High Court, on an oral application made by Mr. Sanjeev Datadin, Counsel for CWI, Bassarath and Nicholls, granted further time to file any applications which they may wish to do, but again they failed to do so within the timeline fixed by the Court. The hearing of the matter was adjourned to 5th August, 2024.
On 2nd August, 2024, a mere two (2) days before the second hearing, CWI filed an application seeking to challenge the jurisdiction of the High Court on the ground that the matter should be referred to arbitration. The application was opposed by Mr. Arudranauth Gossai, Counsel for GCB.
The Honourable Mr. Justice Singh held that the application to challenge jurisdiction was made out of time, and that there was no application for an extension of time to file that application (to challenge jurisdiction), and neither was there an application for relief from sanctions for failing to file the application within the timeline. Further, that neither Mr. Bassarath nor Mr. Nicolls filed any defence or applications of their own.
The Guyana Cricket Board saw Justice Navendra Singh ruling in their favour on Monday morning
The Learned Judge also noted that neither CWI nor Mr. Bassarath nor Mr. Nicholls were present at the hearing on 5th August, 2024 despite the fact that they could have joined the hearing virtually.
The Learned Judge did however consider the issue of the arbitration raised by CWI and found that CWI never offered any different interpretation to the Articles of Association, relevant to the election, to the interpretation advanced by GCB, and therefore it could not be said that a dispute arose as to the interpretation of the Articles of Association, and therefore the arbitration clause did not apply.
The Learned Judge then proceeded to make the following orders:
I: That the nomination of Azim Bassarath for the office of Vice-President of Cricket West Indies Inc at the Cricket West Indies Inc.’s elections held on 25th March, 2023 was null, void, and of no legal effect, and contrary to the Articles of Association of Cricket West Indies Inc.
ii: That GCB’s withdrawal of its nomination of Azim Bassarath for the office of Vice-President prior to the elections of Cricket West Indies Inc. held on 25th March, 2023 was valid, lawful, and in compliance with the Articles of Association of governing elections;
i: That the decision made by Gregory Nicholls that Azim Bassarath was duly and validly nominated despite the withdrawal of GCB’s nomination was unlawful, being contrary to the Articles of Association of Cricket West Indies Inc, and the laws, rules and procedures governing elections;
ii: That the election of Azim Bassarath as Vice-President of Cricket West Indies at the elections held on 25th March, 2023 was null, void, and of no legal effect, and contrary to the Articles of Association of Cricket West Indies Inc and the laws, rules and procedures governing elections;
iii: That the office of Vice-President of Cricket West Indies Inc is hereby declared vacant;
iv: That a new election be held by Cricket West Indies Inc. to fill the vacant position of Vice-President of Cricket West Indies Inc.;
v: Costs to GCB in the sum of $100,000.00 to be paid on or before 26th August, 2024.
The GCB is quite happy about the decision, and feels that it would pave the way for the lawful conduct of future elections and also provide guidance in the election process.
GCB was forced to file the instant action to ensure good governance at the CWI level, and to safeguard the integrity of the election process.”
CWI responded to the ruling: “In a case filed by the Guyana Cricket Board (GCB) in the High Court of Guyana challenging the election of Mr Azim Bassarath as Vice President of the Cricket West Indies, the Court ruled this morning in favour of the GCB.
The case was brought against Cricket West Indies Inc., Mr Bassarath, and Mr Gregory Nicholls, the Returning Officer, all of whom were named as Respondents in the Action. Through Counsel, the Respondents contended that the Court was without jurisdiction to hear the matter, and that disputes of this nature should be resolved through arbitration.
On the contrary, the Court decided it had jurisdiction, and granted the orders sought by the GCB.
The respondents respectfully differ with the Court’s ruling. Consequently, CWI has instructed its legal team to immediately file an appeal, and will await the decision of the appellate court.
The election of Mr Bassarath as CWI Vice President was held at the 24th Annual General Meeting in Antigua on March 25, 2023. Mr Bassarath was unopposed, and gained six votes, with two voting against, while four abstained.”
GCB later responded to CWI’s intent to appeal: “The Guyana Cricket Board (GCB) is deeply concerned about the contents of a Press Release purportedly issued by Cricket West Indies Inc. (CWI) following a ruling by the High Court in Guyana earlier today (5th August, 2024) that the election of Azim Bassarath as Vice President of CWI was unlawful, null, void, and of no effect.
The contents of the said Release are misleading to the public, and give an inaccurate and incorrect description/narration of the proceedings before the High Court.
The Press Release failed to highlight that the application to challenge the jurisdiction of the High Court was made by CWI, and not by either Azim Bassarath or Gregory Nicholls. Secondly, the Release deliberately omitted the fact that CWI, Bassarath and Nicholls failed to attend the hearing. Thirdly, the Release deliberately omitted the fact that the challenge to the jurisdiction of the Court was based on the ground that the matter called for an interpretation of the Articles of Association, and therefore subject to arbitration. Fourthly, that the Learned Judge pointed out that neither CWI nor Bassarath nor Nicholls advanced any contrary interpretation to the Articles to make “interpretation” of the Articles an issue in the matter.
Further, the Release also deliberately omitted the fact that CWI, Bassarath and Nicholls failed to file their application to challenge the jurisdiction of the Court within the stipulated timeline, but the Learned Judge still considered their challenge to jurisdiction.
The GCB is also concerned that it was not privy to any meeting of the Directors of CWI where the decision was made to file an appeal against the ruling of the Learned Judge. CWI seems adamant to continue with a Vice President who was unlawfully elected rather than to correct a grave wrong which was committed on 25th March, 2023 at the CWI election.”
