Elections case cannot be appealed -to AG’s Constitution, Chambers CCJ point Act
By Lisa Hamilton
PEOPLE’S Progressive Party/Civie (PPP/C) Executive, Anil Nandlall stated, on Tuesday, that his party has filed and served an appeal to the Caribbean Court of Justice (CCJ) in relation to the ruling on Guyana’s elections case, but the Attorney General’s Chambers has reminded the party and the public that no appeal can be made to the matter.
In a release on Tuesday, the Attorney General’s Chambers stated that the CCJ, while accepting its position as a superior court of record, has continuously recognised that it only possesses such jurisdiction and powers which are conferred on it by the Agreement establishing the CCJ or by the Constitution or any other law of the contracting party.
Though the CCJ is Guyana’s apex court, the Caribbean Court of Justice Act, Chapter 3 :07 limits the appellate jurisdiction of the Court in Section 4 (3) which 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 Jaw.”
In the elections case brought by Eslyn David, the Court of Appeal ruled that it had jurisdiction to hear the matter based on Article I 77 (4) of the Constitution which also declares that any decision made by the said Court on such matters is final. Article 177
(4) states: The Court of Appeal shall have exclusive jurisdiction to hear and determine any question as to the validity of an election of a President in so far as the question depends upon the qualification of any person for election or the interpretation of this Constitution; and any decision of that Court under this paragraph shall be final.”
The Caribbean Court of Justice Act took effect in 2004 at which time Article 177 (4) of the Constitution was already a part of the laws of Guyana. It made the decisions of the Court of Appeal final in respect of matters determined thereunder and expressly ousted the jurisdiction of any higher appellate Court,” the AO’s Chambers noted.
Even so, Nandlall, who is also the country’s former Attorney General, took to his Facebook page on Tuesday morning to inform his supporters that appeal to the Caribbean Court of Justice (CCJ) filed and served.”
At its ruling on Monday, the Court of Appeal had granted the request of a three-day stay of its judgement but Attorney General and Minister of Legal Affairs, Basil Williams told the newspaper later that day that he is unsure why such was granted when the Court’s decision, according to law, is final.
The election of the President which is reflected in an instrument under the hand of the Chaim1an of the Elections Commission is final and conclusive and cannot be inquired into in another Court,” he stated.
I don’t know why they asked for a stay because Article 177 ( 4) says quite clearly that any decision made there under was final so that they can’t appeal it and, equally under our Caribbean Court of Justice Act, Chapter 3:07, there’s a provision also which states that the Caribbean Court would not exercise jurisdiction or hear any matter coming from our Court of Appeal which is stated to be final.”
In the release from the Attorney General’s Chambers which provided greater clarity, the public’s attention was also pointed to Article 177 ( 4) of the Constitution; Section 4 of the CCJ Act Cap 3:07 and the Agreement establishing the Caribbean Court of Justice, which speak to jurisdiction of the CCJ as being derived from three sources: the Agreement, the Constitution and the law of a contracting party.
The Attorney General’s Chambers stated Therefore, where the effect of the provisions of the Constitution or the local law is to oust the jurisdiction of the Court, even where there is conflict with the Agreement, regard must be given to such local law.
The Constitution is, after all, the supreme law of the land (Article 8 of the Constitution of Guyana) and nowhere in the Constitution exists a provision that mandates that the CCJ is to exercise appellate jurisdiction in respect of all matters determined by the Court of Appeal.”
Source: https://issuu.com/guyanachroniclee-paper/docs/guyana_chronicle_e-paper_6-24-2020