APPELLATE COURT’S DECISION FINAL – AG WILLIAMS

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Minister of Legal Affairs and Attorney General SC., Basil

Minister of Legal Affairs and Attorney General SC., Basil Williams has reiterated that the Appellate Court’s ruling on the Eslyn David vs. the Guyana Elections Commission (GECOM) matter is final and that decision cannot be overturned.

It was submitted by the AG “that an Appeal cannot lie to the Caribbean Court of Justice in respect of matters determined under article 177(4) of the Constitution.”

The Court of Appeal on Monday, June 22 ruled in a 2-1 majority that “more votes cast” is interpreted as “more valid votes cast” in keeping with the national recount order.

The Appellate Court said GECOM must only consider “more valid votes cast” to determine the credibility of the elections and the declaration of a president.

However, following a 3-day stay granted by the Appellate Court, on Tuesday, the People’s Progressive Party proceeded to the Caribbean Court of Justice to appeal the final decision, blocking GECOM from declaring a winner from the March 2 General and Regional Elections.

AG Williams highlighted Article 177 (4) (3) of the Constitution which specifically states;

“Nothing in this Act shall confer jurisdiction on the Court to hear matters in relation to any decision of the Court of Appeal which at the time of entry into force of this Act was declared to be final by any law.” 

He said while the application filed was granted by the CCJ, the Apex Court’ has to go through all legal matters put to it and then decide later, whether to hear it or not.

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