Granger has no powers to declare emergency or convene Parliament as hinted ꟷ PPP

…lawful elections result must be declared first
…Irfaan Ali already deemed as President constitutionally

With a declaration of the election results by the Guyana Elections Commission (GECOM) imminent, President David Granger has hinted at the possibility of declaring a State of Emergency to allow him to govern notwithstanding the election results from the just-concluded recount.

Granger made this pronouncement during an interview with select media personnel at State House. Responding to questions, he noted that a State of Emergency is a possibility considering the financial difficulties Guyana is in, the unresolved state of elections and the COVID-19 pandemic. He admitted that Government expenses are high while revenue is low.
“When the time comes and we hope it’s soon, we can return to Parliament and we can return to normalcy as quickly as possible. We have not yet reached a plateau in terms of COVID, but we expect the enforcement measures from the Police and other agencies will get us there very soon and we will be able to open up the economy. Maybe as early as July 1, so that revenue can start to flow back,” he indicated.

“For funds to be provided, there will have to be some mechanism for Parliament to reconvene. Right now, we’re not running on empty, but we’re running with very low funds. (Reconvening Parliament) will require some form of agreement, by which members of the 11th Parliament are prepared to resume.”
According to him, declaring a State of Emergency is a possibility in the context of whether GECOM nullifies the election. While Granger was of the view that Chief Elections Officer (CEO) Keith Lowenfield’s heavily subjective report makes a case for the elections to be nullified, none of the anomalies identified have been proven. Nor has A Partnership for National Unity/Alliance For Change (APNU/AFC) presented a shred of evidence.

“I know it has been done before. It is not an option I would embark on without receiving the agreement of all the parties concerned. I don’t think it can be undertaken lightly or arbitrarily. I think it was done in 1990. It is uncharted territory,” he said.
“I would have to seek the agreement of the Opposition, but in the last resort constitutions make provisions for force majeure situations. We are in such a situation in Guyana. I would consult the Leader of the Opposition and my partners before such drastic measures are taken.”

Delusional
However, the main Opposition People’s Progressive Party/Civic (PPP/C) wasted no time in pouring cold water on the possibility of recalling the 11th Parliament. According to the Party, under no circumstances would it return to Parliament if GECOM did not declare a winner of the elections – a winner the recount has shown is its Presidential Candidate, Dr Irfaan Ali.
“President David Granger continues with his delusional outbursts. His latest episode was to some members of the Press (Sunday). Granger speculated about calling a State of Emergency. The Constitution confers no power on any President to invoke a State of Emergency after a General Elections and without a declaration of the results.
“For the avoidance of doubt, the People’s Progressive Party/Civic (PPP/C) wishes to make it abundantly clear that it will never return to Parliament or support the convening of Parliament unless the true results of the 2nd March 2020 elections, as recently recounted, is lawfully declared by GECOM.”

In addition, the Party lambasted the President for his “misconceived” view that GECOM could avoid declaring a result from the elections. According to the PPP, it is the Constitution that mandates GECOM to make a declaration.
“Further, Granger has already lost the presidency and Dr Irfaan Ali is deemed President, as established by the national recount of the ballots, pursuant to Article 177 of the Constitution, while we await the official declaration from GECOM,” the Party noted in its statement on Sunday.
“Mr Granger’s view that it is possible for there to be a non-declaration by GECOM is completely misconceived and wrong. We reiterate that neither the law nor the Constitution allows for GECOM not to declare the results of the elections. Indeed, and to the contrary, the Constitution mandates GECOM to declare the results of the elections, in accordance with the national recount of the ballots just concluded.”

Recount
The curtains on the national recount of ballots came down on Monday last, with the results for the final district to be counted, District Four, certified the next day. The data generated from the 2339 Statements of Recount (SoRs) shows that the PPP/C, whose Presidential Candidate is a former Housing Minister, received a total of 233,336 votes.
This is 15,416 more votes than its nearest rival, the incumbent APNU/AFC, which received 217,920 total votes. When one calculates using the Hare formula, it means that PPP/C has secured 33 out of 65 seats in the National Assembly and APNU/AFC has secured 31.
The Chief Elections Officer’s report has already been submitted and the country now awaits a declaration of results by June 16. In fact, Lowenfield’s own report attests to the numbers from the recount and the majority vote won by the PPP/C. Despite this, however, APNU/AFC has maintained its claims of dead and migrant voters – claims that have been debunked on several occasions.
Parliament was dissolved on December 30, 2019 by presidential decree to make way for elections on March 2, 2020. There has not been a budget since one was passed in 2018, compounding the economic slowdown brought on by COVID-19.