Chief Justice Roxanne George-Wiltshire has thrown out the second elections petition filed by the opposition APNU+AFC to have the 2020 General and Regional Elections nullified.
In her Monday afternoon ruling, the Chief Justice ruled that the filing of the petition – which was filed by Monica Thomas and Brennan Nurse late last year – was “preposterous” “unmeritorious” and “contrived”.
She noted that the procedures for filing an election must be complied with in the strictest possible way.
This stemmed from the fact that leader of the APNU+AFC list, David Granger, allegedly signed the wrong date on the court documents to have the fixing of a date to hear the petition.
During the conclusion of the elections petition case management today, lead Counsel for opposition APNU+AFC, John Jeremie, told the court that an affidavit has been filed showing that the petition documents were signed by Granger on September 18 in keeping with legal requirements.
It is believed that Granger was served on September 25, 2020, although he should have been served five business days after the petition was filed on September 15. The documents, however, indicate that the petitioner, Brennan Nurse, served Granger the affidavit of service on September 25 and not on the 18.
The Chief Justice ruled that the documents were served outside of the statutory five days period.
“From the time it was served out of time on the necessary party it was none starter,” Justice George-Wiltshire said while adding that the rules of filing an elections petitions must be strictly complied with.
However, the APNU+AFC, through two of its Members of Parliament (MPs) – Sherod Duncan and Amanza Walton-Desir – has indicated that it will challenge the ruling at the Court of Appeal.
Meanwhile, the other petition, which also seeks to have the 2020 General and Regional Elections nullified will proceed, the Chief Justice said.