The PPP, the Constitution and GECOM CEO

Dear editor,
GUYANA and the world are watching and awaiting the outcome of the 2020 elections as they go on and on without a declaration for almost three and a half months. We all want this to end as soon as possible, so that Guyana can move on.

Yes, we all wanted this to end and we also want the results of the elections to reflect and be based on the credibility of the elections. The PPP is telling us as Guyanese that the world is watching and they know who is the winner of the 2020 elections and it’s the PPP that won. But the world must know that GECOM has not declared any winner as yet. The world must also know that there were serious electoral issues surrounding the elections. The world must also consider that there are serious allegations of electoral fraud in the 2020 elections and both the PPP and APNU+AFC are allegedly involved.

The world must know that Guyana has laws and a constitution that govern its land and guide the only body that has the authority to look over Guyana’s elections and declare a winner, is GECOM. Not the PPP, not the APNU+AFC, not CARICOM or the world, but ONLY GECOM can declare a winner. The constitution also says that GECOM has to deliver credible results/declarations based on valid votes,not all votes. Not all votes cast are valid votes as the PPP is saying and want the world to believe. If, as claimed, all the votes cast are valid votes, then the votes that weren’t counted must be counted as valid votes. The army votes that weren’t counted must be counted as valid votes, the dead people’s votes must be counted, persons who were out of the country and voted, must be counted. This seems to be the argument of the PPP.

We know that not only Mingo of Region Four was accused of fraud, but electoral fraud was unearthed in other regions such as Regions One,Two,Three, Five, Six and Nine. But the PPP won’t speak of that for the world to know because they won those regions through electoral fraud. The PPP started to shout out and make the world feel as if Mingo alone was involved in electoral fraud in Region Four. But hello no, we saw at Diamond that people’s names were not on the OLE and they voted; we heard and saw of polling books being missing; we heard of and saw extra ballots missing; we heard of ballot boxes being stuffed at some of the polling stations on the East Coast of Demerara in Region Four, etc.

But wait, it is not Mingo alone that is being accused of committing electoral fraud. The PPP’s Region Four, East Coast Demerara party supervisor on elections day was accused of having hundreds of ID cards in his possession, distributing for people to use and vote.
Now we know how the dead were allowed to vote. Now we know how the overseas people were allowed to vote and now we know why the PPP was so negative and was objecting to a new house-to- house registration. The world must know of those things also. The world must also know that if there is electoral fraud there cannot be a credible result or declaration for any winner of any party.

The world must also know that it was Anil Nandlall who during the recount went public on his Facebook page and talks of fraud, whereby the votes cast at a place of poll on the East Coast saw the PPP losing votes. Yes, Mr Nandlall also highlighted those frauds that took place on elections day. It is the same Mohabir Anil Nandlall who took to the television and tells the nation and I quote “ONCE A FRAUD HAS BEEN COMMITTED, IT NULLIFIES OR

VOIDS THE ENTIRE PROCESS.”
So the world must also know that, or, is it that the world has a deal wih the PPP for a share of Guyana’s oil benefits?. Because I cannot see why some of the well respected international organisations and countries, namely the Organisation of American States (OAS), he Commonwealth, CARICOM, Canada and the U.S. know of all those allegations and is still calling for a winner to be declared on the basis of the recount, when the recount itself brought out all the electoral fraud that took place on March 2.

It is surprising because it seems as if none of those organisations and countries want credibility in anything onward or in the future, but just fraud to be the order of the day. Did those organisations and countries know of the laws of Guyana, or are they downplaying the laws for their own benefits?.

Many of them loudly say they accept the CARICOM team’s report on the recount and that very report clearly says that the elections were “REASONABLY CREDIBLE.” They never said it was credible at all. Where in the world would someone accept “REASONABLY CREDIBLE FOR CREDIBLE.” It shows that the CARICOM report was highly corrupted. Again, the world must know that it is the PPP’s Mohabir Anil Nandlall and the PPP’s GECOM Commissioner Sase Gunraj who repeatedly told the nation, CARICOM and the world that the CARICOM report is of no use at this time and is not important to GECOM in making its final report and declaration.

Today, it is the same PPP that is changing its stand because they want power at all cost and the world is being blindsided by them to believe that all they say and do is the gospel truth. But let’s be guided by the constitution, because it seems the PPP is only using the law in a cut-and-paste manner that will benefit them. So, let’s listen to the constitution and do what it says, rather than to force our way as what the PPP is doing to get into office.

In declaring the results of elections in Guyana, Article 162 (1) [b] of our Constitution instructs: “The elections commission shall issue such instructions and take such action as appear to it to be necessary or expedient to ensure impartiality, fairness and compliance with the provisions of this constitution or of any act of Parliament on the part of persons exercising powers or performing duties connected with or relating to the matters aforesaid.”

In other words, while it is the “exclusive jurisdiction” of Guyana’s High Court to determine the “validity” of an election under Article 163 (1) (b) of the nation’s Constitution, it is unequivocally the exclusive constitutional jurisdiction of Guyana’s chief elections officer (CEO) to determine the “validity” of every ballot cast in those elections and the CEO is constitutionally obliged to do so, “to ensure impartiality, fairness and compliance with the provisions of [the] constitution or of any act of Parliament.” Id. 162 (1) [b]
Order No. 60 of 2020 and its addendum dated May 29, 2020, which legally triggered the recount of the votes cast in Guyana’s March 2, 2020 national and regional elections states:
“AND WHEREAS the Guyana Elections Commission, in exercise of the authority vested in it under Article 162 of the Constitution and pursuant to Section 22 of the Elections Laws (Amendment) Act, No. 15 of 2000, seeks to remove difficulties connected with the application of the Representation of the People Act, Chapter 1:03, in implementing its decisions relating to the conduct of the aforementioned recount of all ballots cast at the said elections, including the reconciliation of the ballots issued with the ballots cast, destroyed, spoiled, stamped, and as deemed necessary, their counterfoils/stubs; authenticity of the ballots and the number of voters listed and crossed out as having voted; the number of votes cast without ID cards; the number of proxies issued and the number utilised; statistical anomalies; occurrences recorded in the Poll Book.”

To “ensure impartiality, fairness and compliance with the provisions of [Guyana’s] Constitution” and Chapter 1:03 of the Representation of the People Act, GECOM’s Chief Elections Officer Lowenfield is constitutionally bound to reject the “176,709” invalid votes that were cast for the PPP/C and the “92,910” cast for the APNU+AFC. His final report must award the APNU+AFC “125,010” valid votes and the PPP/C’s “56,627”.

The Chair of GECOM, Justice (Ret’d) Claudette Singh must honour her constitutional duty and declare the winner of our nation’s 2020 General and Regional Elections, only with the valid votes cast as outlined above and reported by the CEO. The PPP/C can then file a High Court election petition under Article 163 (1) (b) of the Constitution to nullify the elections. So, brothers and sisters, the law is clear and the CEO must and shall comply with the constitution of this land. I call on the CEO not to be afraid of the PPP’s threats of giving you life in prison, because it is those who are being involved and accused of electoral fraud who have to be afraid, not you sir. You have to work with what the Constitution says in giving your final report and the key word is “VALID”; and only you can determine the valid votes cast.

Regards
Abel Seetaram

Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_6-21-2020