File elections petition – GECOM chair tells APNU

…says parties dissatisfied with elections results must seek redress in High Court

Chairperson of the Guyana Elections Commission (GECOM) Justice (Retd) Claudette Singh has shut down A Partnership for National Unity’s (APNU’s) request for a forensic audit of the elections, an annulment of the current electoral process, and the holding of fresh polls. Justice Singh has informed APNU that its allegations regarding the current electoral process are suited for an election petition, in accordance with the Constitution of Guyana.

“Article 163 of the Constitution of Guyana explicitly stipulates that the High Court shall have exclusive jurisdiction to determine 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. Therefore, any claims of widespread irregularities necessitating a forensic audit or the annulment of the elections, beyond the scope of the ongoing recounts, would fall under the purview of the High Court by way of an election petition,” Justice Singh said in a letter to APNU’s leader Aubrey Norton on Friday. Still in disbelief over his party’s crushing defeat at Monday’s General and Regional Elections, Norton wrote the GECOM Chair on Thursday, asking for a forensic audit and/or the aborting of the 2025 electoral process. “APNU requests that you intervene immediately to direct the Commission not to declare the election results before the completion of a forensic audit of electoral data, including electors’ votes and/or order that fresh elections are now due, in light of the circumstances,” Norton’s letter reads.

Mandate as directed by law
In response, Justice Singh outlined that when the recount exercise – which was requested by APNU – is completed, GECOM will proceed with its mandate as directed by law. “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. Once the recounts are completed and the CEO (Chief Election Officer) presents the final results 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,” she emphasised in her letter.
According to the GECOM Chair, this is the constitutionally prescribed method for challenging election results and seeking redress for alleged irregularities that may have affected the outcome. Justice Singh further explained that the recounts are being conducted in accordance with established electoral procedures and are crucial for the CEO to ascertain the election results and present them to the Commission, as mandated by Section 96 of the Representation of the People Act, Cap. “The CEO’s role is to compile and present the results based on the declarations made by the respective Returning Officers and to incorporate the findings of any legitimate recounts. Regarding your request for a forensic audit of the elections or the complete annulment of the current electoral process and the holding of fresh elections, it is imperative to refer to the constitutional framework governing electoral disputes in accordance with our law,” she noted.

Upholding integrity
The GECOM Chair made it clear that she remains committed to upholding the integrity of the electoral process and will continue to operate within the confines of the law. The APNU – which comprises largely of the People’s National Congress (PNC) – had requested a recount of a part of Regions Four and Five. That process began on Thursday morning and was completed on Friday evening. This newspaper understands that the recount has produced no significant changes to the results of polls. The People’s Progressive Party Civic (PPP/C) secured a landslide victory with 242,498 votes, based on the results declared by the Returning Officers for each of the voting districts.