The high court will today commence hearing submissions on Petition 88 (Recount Order) filed by the APNU / AFC.
In January, of 2021 acting Chief Justice Roxane George-Wiltshire SC threw out election petition 99 of 2020 brought by Monica Thomas and Brennan Nurse on behalf of the coalition, after finding that the APNU+AFC presidential candidate David Granger was not served on time.
Nurse and Brennan had argued that the elections were unlawfully conducted and/or that the results, were affected or might have been affected by unlawful acts or omissions.
Thomas and Nurse subsequently appealed the ruling, arguing, among other things, that the Chief Justice erred in law and misdirected herself by misapplying the doctrine of strict compliance and holding that such compliance related to the contents of the affidavit of service instead of the filing of the affidavit of service in a timely manner.
Guyana”s attorney General, Arguing that the Court of Appeal lacks jurisdiction to hear the matter , has filed a motion seeking to strike out the appeal filed on behalf of the APNU+AFC coalition over the dismissal of one of its two petitions challenging the March 2, 2020 elections.
In court documents seen by the Guyana Daily News Nandlall argues that the appellate court lacks the jurisdiction to hear the appeal.
He notes that Article 163 (3) of the Constitution provides that an appeal of an election appeal does lie to the Court of Appeal, but not in the instance such as the ruling made by the Chief Justice for dismissal of the petition on the basis of procedural irregularity.
Nandlall continued that an appeal of a petition lies to the local appellate court from decisions in the High Court on the granting or refusing of leave to institute proceedings for the determination of any question referred to in Article 163 (1), or any order made in consequence of such determination.
In essence , the APNU / AFC wants the court to nullify the outcome of the March 2nd, General and Regional elections and to declare President Irfaan Ali to be illegally holding office.