ARTICLE 177 (4) of the Constitution of Guyana and the Caribbean Court of Justice Act have undeniably ousted the jurisdiction of the Caribbean Court of Justice (CCJ) from adjudicating on any decision made by the Court of Appeal under that article, and, as such, the application by the People’s Progressive Party/Civic (PPP/C) for special leave to appeal the Court of Appeal’s decision that the election of a President must be on the basis of valid votes, ought to be refused.
That was the main line of argument put forward by a battery of lawyers representing North Sophia voter, Eslyn David – the first named respondent in a case filed by PPP/C’s General Secretary, Bharrat Jagdeo and its Presidential Candidate, Irfaan Ali, before the CCJ.
Assuming jurisdiction in a case brought by David on June 18, 2020, the Court of Appeal had ordered that the words “more votes are cast” in Article 177 (2) (b) of the Constitution be interpreted to mean “more valid votes are cast” but the PPP/C wants the Appellate Court’s decision to be set aside by the CCJ.
However, the legal luminaries representing David – John Jeremie SC, Roysdale Forde SC,
Mayo Robertson, Keith Scotland, Timothy Affonso and Rondelle Keller – said there is no room for an appeal, even as they sought to set the record straight on the Elections Report submitted by the Chief Elections Officer, Keith Lowenfield following an attempt by the PPP/C to mislead the Court.