Leslie Ramsammy
Following the Caribbean Court of Justice (CCJ) ruling that his appointment was flawed, Guyana Elections Commission (GECOM) Chairman, retired Justice James Patterson has been keeping a low profile.
According to former Government Minister Leslie Ramsammy, Patterson should do the honourable thing and resign. Ramsammy noted that by virtue of the Court ruling, Patterson is warming up a seat he should not have had in the first place.
He pointed out that the illegal appointment was not made mistakenly, adding that it was a deliberate contravention and assault on the Constitution. “The President was fully aware he was acting outside of the Constitution and he, nevertheless, persisted in an arrogant display of might. Justice Patterson also knew— after all, he is a man of the Courts, a judicial officer, a judge for decades.”
He also added that for President David Granger to insist that his insertion of constitutional authority was not flawed and for him to immediately refuse to rescind his appointment of James Patterson “is not just a grievous insult to the Judiciary and, particularly to the CCJ, it is the highest public servant in the country breaking the law, the highest public servant in the country posturing he is above the law. No one is above the law, the law applies equally to everyone.”
Ramsammy questioned why Patterson would stay on until he is fired, in view of the CCJ ruling. He also noted that rather than have the CCJ issue a consequential ruling effectively firing him, Patterson should spare the President of having to comply with the CCJ order.
“As a man who was a Judge for decades, James Patterson had no excuse to defy the CCJ. He ought to immediately resign. When the CCJ ruled he was unlawfully appointed, the CCJ definitively un-appointed James Patterson, the CCJ resigned him.”
“His appointment had to be a consensual appointment, one made by agreement between the President and the leader of the Opposition. Now that the CCJ has definitively pronounced this illegality, James Patterson must immediately demit the office.”
In a landmark ruling issued on Tuesday last, the CCJ had ruled that the appointment Patterson as Chairman was flawed and unconstitutional. A summary of the Court’s judgement was handed down by President of the CCJ, Justice Adrian Saunders, who announced that the CCJ decided that the process to appoint the GECOM Chairman was “flawed”.
He recommended that in future, the Leader of the Opposition and President communicate and meet in good faith to discuss eligible candidates before a list is submitted. The Court also recommended that moving forward, all parties work together, as the Constitution envisions, to select a Chairman.
Saunders also declared in the ruling that before President David Granger rejected persons nominated by Opposition Leader Bharrat Jagdeo, reasons should have been given for the rejections in the interest of transparency.
According to Saunders, the President gave no specific reason for refusing to appoint a Chairman from the lists submitted by Opposition Leader Bharrat Jagdeo. Saunders noted that the President disapproved a third list, without giving a specific reason.
Saunders referenced historical facts pertaining to the previous appointments of GECOM Chairmen. He cited the recommendations made by the Constitutional Reform Commission in 1999, that the Chairman should be appointed through consultations.
The Judge noted that the President relied on the provisions that gave him discretionary powers and insulated him from providing an explanation for excluding the Opposition Leader from his final decision.
Saunders further stated that giving the President the power to reject candidates without given reason will frustrate what the Constitution contemplates. In fact, the Court decided that the President has a duty to give reasons for rejecting names in the interest of transparency.
