HAVING established that the High Court has constitutional supervisory jurisdiction to review the agreement for a national recount inked by President David Granger and Leader of the Opposition Bharrat Jagdeo, the Court of Appeal should restore the interim orders granted by Justice Franklin Holder, the battery of lawyers, representing Ulita Moore, have argued. Those orders, in effect, blocked the Guyana Elections Commission (GECOM) from conducting a National Recount but were lifted by the Full Court.
In a letter to the Court of Appeal on Monday on the issue of ‘Consequential Orders’ in the case Ulita Moore v Bharrat Jagdeo and others, Attorney-at-Law Mayo Robertson said Court having established jurisdiction to adjudicate on the matter of “supervision,” the Appellate Court ought to allow the case to be determined by Justice Holder. Further to that, Robertson made a case for the interim orders granted by Holder on March 17 to be restored. The orders, blocking a national recount, were discharged by the Full Court on March 31 when it found that the High Court had no jurisdiction to hear Moore’s Fixed Date Application (FDA).
“It is further submitted that the Court of Appeal, having found that Justice Holder had Jurisdiction to hear the Fixed Date Application in respect of Supervision contemplated in the Agreement entered into between the President and the Leader of the Opposition, the Orders of the Full Court must be vacated and the interim Orders made by Justice Holder in relation to the aforesaid Agreement be restored, otherwise the 1st, 2nd and 3rd named Respondents would be free to proceed to act on the aforesaid,” Robertson told the Court.