Judge Holder denies himself jurisdiction to hear case to throw out 2nd declaration

– lawyers say ball now in GECOM’s court

High Court Judge Franklyn Holder has ruled that he does not have jurisdiction to hear the case brought by Opposition Leader Bharrat Jagdeo. It is a decision Anil Nandlall, the lawyer for Jagdeo, criticised as inconsistent with previous decisions including his own.

This was the outcome of the Bharrat Jagdeo vs Clairmont Mingo preliminary hearing on Tuesday, which sought to determine if Holder had jurisdiction in the case. In making his ruling, Holder relied on the Representation of the People Act, which provides for an election petition to be used to resolve certain types of electoral issues.

Judge Holder, therefore, ruled that as such, he could not entertain Jagdeo’s substantive case, which sought to invalidate the declaration made by Mingo, as the Region Four Returning Officer, on March 13.
Former Attorney General Anil Nandlall, who appeared for Jagdeo, was critical of the decision since it conflicts with other rulings of a similar nature. He also pointed out that the ruling conflicts with Holder’s previous rulings, when he granted injunctions preventing the Guyana Elections Commission (GECOM) from going ahead with a recount.
“It is a very strange decision, because first of all Justice Holder in [similar] judicial proceedings, gave himself jurisdiction and granted three injunctions. That is what he did in the Ulita Moore matter. Suddenly, he has lost jurisdiction,” Nandlall observed.
“Then Justice Holder by declining jurisdiction, has gone against the Chief Justice in Holladar’s original matter, as well as [former Chief Justice] Desiree Bernard in Hamilton’s case as well as Aubrey Norton case. In Hamilton’s case as well as Holladar’s case, all the proceedings did is to challenge the RO’s declaration, in so far as the RO did not comply with Section 84 of the Representation of the People’s Act.”
Meanwhile, opposing counsel, Neil Boston was of the belief that GECOM should go back to this controversial declaration. However, he and Nandlall agree on one thing, it is all in the hands of GECOM now.
“The Commission will have to decide whether they will consider the report sent to them by Mingo and then declare the President, they will have to do that. This morning, the Full Court said the issue Ulita Moore raised in terms of calling on the Commission to do that, is an issue for an election petition. So it’s not entirely over.”
While Jagdeo and the now deceased Reaz Holladar were the applicants, Mingo was the first-named respondent; Chief Elections Officer (CEO) Keith Lowenfield was the second and GECOM, the third.
Jagdeo was seeking to have Mingo’s March 13 declaration set aside on the grounds that the RO’s actions in tabulating the votes breached the Representation of the People Act. Jagdeo was also seeking an order to direct Mingo to recognise Charles Ramson as the PPP’s counting agent for Region Four. He is also seeking an order directing GECOM to do the recount.
Mingo’s second declaration on March 13 had come after a standoff with party agents who complained that the RO was not complying with previous court orders. There had been complaints that the second tabulation lacked transparency.
In addition, the numbers differed from the previous, invalidated declaration, raising more suspicions. In Mingo’s second declaration, he claimed that A Partnership for National Unity/Alliance For Change (APNU/AFC) secured 136,057 votes to the PPP’s 77,231.
In the previous discredited results he declared, however, Mingo had claimed that APNU/AFC won 136,335 votes to the PPP’s 77,258. In addition, both of these declarations failed to match the Statements of Poll (SoPs) in the possessions of the other parties.
Last week, however, Justice Holder had defeated efforts by the PPP to have GECOM produce the SoPs in its possession, to verify once and for all where Mingo was getting his numbers from.