With a ruling of 2-1, the Court of Appeal Judges found that the Court of Appeal has the powers to hear the appeal of the high court decision to dismiss Election 99 on the basis of disservice to former President, David Granger.
Election Petition #99 challenged the validity of the results of March 2, 2020, General and Regional Elections.
In the matter, Attorney General Anil Nandlall, and Douglas Mendes, both represented President Irfaan Ali and Vice President Jagdeo, who are named as respondents. Roysdale Forde and John Jeremie, SC represented the two petitioners.
On January 18, last, there was a ruling by Chief Justice Roxane George on the issue of petitioners Brennan Nurse and Monica Thomas’s failure to effect service on the second-named respondent, former President Granger within the prescribed time.
That matter was then appealed. The jurisdiction of the appeal court was challenged. One party held that the matter should be heard in full-court while the other side contended that the appeal court has the right to hear and determine the matter.
Chancellor of the Judiciary Justice Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory Barnes both held that the appeal court has jurisdiction while Justice Rishi Persaud said that court has no jurisdiction.
Justice Persaud said the issue of disservice must be taken seriously when it comes to the Civil Procedure Rules and with the ruling of Justice Gorge.
Judge Persaud said in fact, the Chief Justice was correct in her ruling and that there is no way to the appeal court due to a breach in the CPR rule having jurisdiction but rather to the full court.
On the other hand, Justice Gregory emphasized that the act which deals with CPR compliance does not pose any precedence on the validity of election laws
Justice Gregory added that Parliament never expressly held that an appeal in such instances must be done.
While echoing some similar sentiments, Chancellor of Judiciary Cummings said that full court is part and parcel of the high court and that parliament would have made provision for the full court to hear the appeal of such nature. As such, the matter must be determined at a higher court.
Chancellor Cummings-Edwards added that Parliament has no legislation for an appeal to the full court and that is something that should be considered.
Chancellor Cummings-Edwards ordered with a vote of 2-1 that the case will be heard in the court of appeal on whether or not Chief Justice Gorge made the right decision to dismiss the matter on an issue of service.
With the ruling set by the Judges, several lawyers on the opposite side, including Attorney General Senior Counsel Anil Nandlall, asked that there be a stay in the ruling, in case an appeal is contemplated.
That stay has been granted for two weeks.
