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@Nehru posted:

could be Dogs, Rats and Donkeys!! The 2 majority Judges are beyond dumb. They did not do anything but say valid votes must be counted. Any lil Pickney know that!!!!!

And they were celebrating for the 5th time  " crying tears of joy"... watch for the next game, they will want to see the pencil that mark the X. 

FM

Hey hey hey...Uncle Rama dem Jagdoe bais like PAVI was sayin Nigel de billionaire who does hollar marginal, marginal was dumb. Dem dis loongeras call Nigel dumb. Dem call de judge dumb. Hey hey hey...Nigel Huges, one love chuch man Granja and dem dis judges all a look out foh dem mattie. Dem objective is foh marginal de coolie and Indos dem and set up wan black apartheid kuntry while dem give two prados to Moses and de drunk wan and throw lil contract pon dem family. Dem rig de court system foh overturn de eleckshun. When and if de court option done dem bringing out de gun men dem in Gricola, Buxton, etc...hey hey hey hey. 

FM

We must not disrespect the judges, but public opinion matters. People can make judgment calls or question the judges on how they reach their conclusions, but your opinion is not the law. If one of the judges had a relationship with anyone from APNU, he should have to recuse himself in this case because this case can put the country in more problems. 

Ok, now, PPP has filed and submitted applications in the CCJ, challenging the CoA decision. I should remind you that the CCJ has ruled against the 33/34 votes of the NCV. GECOM meeting for today is put on hold.

FM
@Rochelle posted:

Why appeal if PPP/C is certain it has won the March 2, 2020 elections on valid votes? After all, didn't Anil say the Court of Appeal's decisions change nothing. Jagdeo himself said so. 

Why appeal now? 

 

Hey hey hey...de answer simple gurl. We know yuh is on order fram de  anti East Indian racist. Yuh have to go CCJ because de Guyana court is foh racial battle foh empowah yuh mattie. Hey hey hey...

FM

Fairness is my only call for all sides. I support going to the CCJ for one reason. Granger was found to be unfair to many things under his watch, therefore, the PPP cannot get a fair trial in Guyana. CCJ has overturned the CoA ruling on the NCV and I believe they can make the final judgment on the 2020 election. 

FM
@Rochelle posted:

Why appeal if PPP/C is certain it has won the March 2, 2020 elections on valid votes? After all, didn't Anil say the Court of Appeal's decisions change nothing. Jagdeo himself said so. 

Why appeal now? 

 

The appeal to the CCJ is solely intended to clarify yesterday's Court of Appeal pronouncements.

"Moreover, the Court of Appeal in its pronouncement have plunged the law in total confusion and it is now no longer clear how an election of members of the National Assembly is to be challenged and how the election of the President can be challenged. In fact, the Court of Appeal has wrongly ruled that these two challenges must be done separately and in different Courts. To bring clarity to the law and to guard against the Court of Appeal wrongly giving itself jurisdiction, again, to either direct the Chief Elections Officer to submit a fraudulent and perverted report, or to protect a fraudulent and perverted report submitted by the Chief Elections Officer to the Commission, we have decided to file an appeal to the Caribbean Court of Justice."

People’s Progressive Party

June 23rd, 2020

FM
@Former Member posted:

Fairness is my only call for all sides. I support going to the CCJ for one reason. Granger was found to be unfair to many things under his watch, therefore, the PPP cannot get a fair trial in Guyana. CCJ has overturned the CoA ruling on the NCV and I believe they can make the final judgment on the 2020 election. 

The questions are ,can the Case be appealed at the CCJ  ? It's stated clearly in the Constitution the Appeal Court is final.

Django
Last edited by Django

CCJ may have final word on elections

-as Jagdeo, Alli lodge appeal to yesterday's court decision

June 23 2020

Source

This story is developing and will be updated.

PPP General Secretary Bharrat Jagdeo and PPP/C presidential candidate Irfaan Ali today served notice of an appeal to the Caribbean Court of Justice (CCJ) of yesterday’s decision of the Guyana Court of Appeal which asserted that it had jurisdiction under Article 177 (4) of the constitution in relation to the election of the President.

In yesterday’s decision, the Court of Appeal made only one order to the effect that the words “more votes cast” should be interpreted to mean “more valid votes are cast in relation to the election held on 2nd March 2020”.

The Court of Appeal however declined to issue other orders which had been sought by the plaintiff Eslyn David against the Guyana Elections Commission including various orders restraining the Chief Election Officer (CEO) Keith Lowenfield from acting in relation to his final report.

While legal analysts had said that the Court of Appeal decision did not restrain GECOM from declaring a result, it appears that the PPP/C is taking no chances and wants the final word from the CCJ.  A final ruling by the CCJ on the controversy-mired March 2nd general elections would conclude the process without any further dispute.

GECOM had scheduled a meeting for this morning but this has since been cancelled.

In the proceedings filed, Jagdeo and Ali are seeking an expedited hearing and are asking for the following orders and interim:“The Applicants/Intended Appellants be granted special leave to appeal to the Caribbean Court of Justice against the majority decision of the Court of Appeal given by the Honourable Madam Justice of Appeal Dawn Gregory-Barnes and the Honourable Mr. Justice Brassington Reynolds, the Honourable Mr. Justice of Appeal Rishi Persaud dissenting, dated the 22nd day of June, 2020 in Civil Appeal No. 41 of 2020 (the “Decision”), on the grounds set out in the Draft Notice of Appeal exhibited to the Affidavit in support of this Notice of Application;

b) An order directing that this application be treated as the hearing of the appeal itself and a corresponding order for directions, including an order dispensing with any other requirements, and taking all such steps as may be necessary to hear the appeal for which special leave is sought on an expedited basis;

c) An order directing that this application be urgently heard and that the time for service of the Notice of Application pursuant to Rule 10.14 (2) be abridged by Order of the Court from seven days to service forthwith upon the Intended Respondents and consequential directions abridging the time for compliance with Rules 10.14

(3), (4) and (5) such that this Notice of Application may be heard and determined on an urgent and expedited basis;

d) Interim Orders:

(i) Restraining the Chief Election Officer from issuing his Report pursuant to s. 96 of the Representation of the People Act or any report in reliance on the Decision,inclusive of the modified interpretation of Article 177 (2) (b) of the Constitution of Guyana given by the Court of Appeal, pending the determination of this application and the Appeal for which special leave is sought herein;

(ii) Restraining GECOM and/or the Chief Election Officer and/or any servant and/or agent of GECOM from taking any further steps to determine whether the recounted votes as tabulated by the Chief Election Officer constitutes “a final credible count”or otherwise enquiring into the validity or credibility of the tabulated votes pending the determination of this application and the Appeal for which special leave is

sought herein;

(iii) Such further and/or other interim order as will restrain GECOM and/or the Chief Election Officer and/or any servant and/or agent of GECOM from embarking on any course of conduct which would usurp the exclusive jurisdiction exercised by the High Court under Article 163 of the Constitution of Guyana. e) On the hearing of the appeal, for which special leave is sought, the following

Orders be made:

 (i) The Decision, inclusive of all declaratory orders made therein, be set aside in its entirety on the basis that the Court of Appeal lacked jurisdiction to hear and determine Civil Appeal Proceedings No. 41 of 2020 and that all orders made as part of the aforementioned Decision be discharged;

(ii) Costs in the Caribbean Court of Justice and in the Court below; and

(iii) Such further and/or other orders as this Honourable Court may deem just

and appropriate”.

Django
@Rochelle posted:

And FYI - the appeal to CCJ will not delay GECOM from making its declaration as the Court rule against any injunction. GECOM will declare.

Since the PPP is a party of interest, GECOM must give the same courtesy to the PPP as they did with APNU. The PPP is taking the same risk with the CCJ as if GECOM is to go ahead and declare a winner. No one knows how GECOM or CCJ will do in their judgments. The buck stops with CCJ the same way it stops with CCJ on NCV. It's long enough but a little longer may give everyone peace of mind.

FM

PPP asks CCJ to block GECOM from declaring results before hearing appeal of “valid votes” case

 

The People’s Progressive Party (PPP) is asking the Caribbean Court of Justice (CCJ) to block the Chief Elections Officer and the Guyana Elections Commission (GECOM) from declaring the results of the March 2, 2020 polls.

PPP General Secretary, Bharrat Jagdeo, in affidavit, asked the CCJ to restrainGECOM from taking any further steps to determine whether the recounted
votes as tabulated by the Chief Election Officer constitutes “a final credible count”.

He also wants the Trinidad-headquartered regional court to prevent GECOM  from otherwise enquiring into the validity or credibility of the tabulated votes pending the determination of this application and the Appeal for which special leave is sought.

Jagdeo also asked the CCJ grant any interim order it may deem fit
from doing anything that  which would usurp the exclusive jurisdiction exercised by the High Court under Article 163 of the Constitution of Guyana.

The PPP is arguing that the Guyana Court of Appeal had no jurisdiction to hear a case concerning the election of a President because that person  a President has not yet been elected and the issue of the  validity thereof had accordingly not yet arisen.

That political party does not want the Chief Election Officer from issuing his Report in keeping with the Representation of the People Act or any report that relies on the decision,
including the modified interpretation of Article 177 (2) (b) of the Constitution of
Guyana given by the Court of Appeal, pending the outcome of the appeal.

Jagdeo also wants the CCJ to prevent
GECOM from taking any further steps to determine whether the recounted
votes as tabulated by the Chief Election Officer constitutes “a final credible count”or otherwise enquiring into the validity or credibility of the tabulated votes.

He explained that himself and PPP presidential candidate Dr. Irfaan Ali
did not apply for leave to appeal to the Caribbean Court of Justice by first
applying to the Court of Appeal in Guyana because the matter is urgent.

“The issues raised on this appeal touch and concern the legitimacy and integrity of the electoral process in Guyana as a whole and it is crucial that they be determined on an urgent basis,” he said.

Jagdeo and Alli said f the Orders sought by Eslyn Savid are granted, “it will havethe effect of unlawfully inflating the discretion of the Chief Elections Officer and preventing the exercise by GECOM of its specialised and independent supervisory role and will also obfuscate the jurisdiction of GECOM.”

They  said that was reason for asking for interim orders to estrain the Chief Election Officer from issuing a Report
in reliance on the Decision as such Report is likely to disregard the tabulation ofthe Statements of Recount in favour of the adjusted calculations posited by the Chief Elections Officer in his Summary of the Observation Reports.

“The urgent intervention of the Caribbean Court of Justice is justified and necessary to prevent a clear and substantial miscarriage of justice arising out of an act of judicial overreach by the Court of Appeal.

GECOM was reportedly scheduled to meet at  11 AM on June 23, 2020
to discuss the elections.

Representing the PPP are by Mr. Douglas Mendes SC; Mr. Mohabir Anil Nandlall and Mr. Devindra Kissoon, Attorneys-at-Law.

The Attorney General Basil Williams in a statement said the ruling is final and cannot be appealed.

He said article 177(4) states that a decision of the appeal court under that article is final. 

Further the CCJ Act Cap3:07 section 4 says “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 law.”  

The AG further contends that the CCJ recognises that it only possess jurisdiction or powers conferred upon it by the agreement or by Guyana’s constitution or any law of the contracting party and it does not usurp that jurisdiction reserved by the laws of the contracting party.

K

BREAKING NEWS!!! PPP asks CCJ to strike down Appeal Court’s ruling


Following a ruling of the Guyana Court of Appeal yesterday which would allow the Guyana Elections Commission (GECOM) to calculate the results of the elections based on “valid votes”, the People’s Progressive Party Civic (PPP/C) has sought appeal in the Caribbean Court of Justice (CCJ) asking it to strike down the ruling in its entirety.

PPP General Secretary, Bharrat Jagdeo

Due to this application, a meeting of the Elections Commission, scheduled for 11:00 am this morning, has been cancelled.
While the matter in the Appeal Court was filed under Article 177 (4) of the Constitution, which gives the Court exclusive jurisdiction to rule on the validity of an election where the qualification of a person to become president or the interpretation of the Constitution is concerned, the PPP/C has argued that that Article of the Constitution is restrictive and does not allow the Court of Appeal the authority to rule in the way it did.
The application asks the Caribbean Court, in the interim, to grant an order restraining Chief Elections Officer, Keith Lowenfield from issuing his report on the elections, pursuant to Section 96 of the Representation of the People Act, or any other report based on the Court of Appeal’s ruling yesterday.
It also asks for an order restraining GECOM from taking any steps to determine “a final credible count” of the recounted elections results, or from enquiring into the validity or credibility of the votes cast, and an order restraining GECOM from usurping the exclusive authority of the High Court, as granted by Article 163 of the Constitution, to determine the lawful conduct of the elections.

      KN

K
 
@Former Member posted:

The appeal to the CCJ is solely intended to clarify yesterday's Court of Appeal pronouncements.

"Moreover, the Court of Appeal in its pronouncement have plunged the law in total confusion and it is now no longer clear how an election of members of the National Assembly is to be challenged and how the election of the President can be challenged. In fact, the Court of Appeal has wrongly ruled that these two challenges must be done separately and in different Courts. To bring clarity to the law and to guard against the Court of Appeal wrongly giving itself jurisdiction, again, to either direct the Chief Elections Officer to submit a fraudulent and perverted report, or to protect a fraudulent and perverted report submitted by the Chief Elections Officer to the Commission, we have decided to file an appeal to the Caribbean Court of Justice."

People’s Progressive Party

June 23rd, 2020

It will not stand.

Article 177(4) of Guyana's constitution of which the hearing was sought specifically notes that the Court of Appeal is the final arbiter. ("..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 interpretation of this Constitution; and any decision of that Court under this paragraph shall be final").

But also look at CCJ's own Act for further clarity:
 
Caribbean Court of Justice (CCJ) Act Section 4 (3) Cap. 3:07 it 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 law"
 
The Caribbean Court of Justice Act took effect in 2004. Article 177 (4) of the Constitution was already a part of the laws of Guyana and considered final. 
 
In essence, PPP/C is asking for the CCJ to undermine not just Guyana's constitution laws but also CCJ's own regulations of what can be heard. Yet, President Granger is the one who cannot respect the laws of the land?
 
Rochelle
@Former Member posted:

Hey hey hey...whay yu gettin? Wan prado or two contract? Hey hey hey...

Labba, your reply is similar to some posters here, supporting one party.  When a logical reply is required they revert to garbage, when they fail to find proper words. This seems to be trait with many in the Jagdeo PPP.  Its no wonder Guyana  is in so much trouble.  

Tola
@Former Member posted:

Bro, the CoA couldn't do straight maths with 33/34. They were doing fractions with half man. That was embarrassing. 

I see PPP/C supporters keep mentioning the no confidence motion matter as proof that CCJ has authority to rule on these elections.

That particular case was brought under a separate Article of the Constitution that did not confer onto the Court of Appeal the privilege of being final arbiter. 

To compare hearing of the no confidence motion to the matter before us is like comparing apples to oranges. Or apples to candy. 

I really wish more Guyanese would take the time to read and not believe everything these politicians tell you. And yes, it goes both ways. 

Rochelle
@Django posted:

The questions are ,can the Case be appealed at the CCJ  ? It's stated clearly in the Constitution the Appeal Court is final.

If de RACIAL appeal court final why dem bais went to CCJ foh cut up we bai Jagdoe 3rd term dream and de NCM? Hey hey hey...bai yuh gat faith in that EVIL and RACIAL burnham law...hey hey hey. 

FM
@Rochelle posted:

I see PPP/C supporters keep mentioning the no confidence motion matter as proof that CCJ has authority to rule on these elections.

That particular case was brought under a separate Article of the Constitution that did not confer onto the Court of Appeal the privilege of being final arbiter. 

To compare hearing of the no confidence motion to the matter before us is like comparing apples to oranges. Or apples to candy. 

I really wish more Guyanese would take the time to read and not believe everything these politicians tell you. And yes, it goes both ways. 

Hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey...awww...muss check out de law foh mek CCJ de final court...hey hey hey...anyhow me aint stupid like PPP foh play ayoo ONE LOVER Racialist pon ayoo terms...

FM
@Former Member posted:

If de RACIAL appeal court final why dem bais went to CCJ foh cut up we bai Jagdoe 3rd term dream and de NCM? Hey hey hey...bai yuh gat faith in that EVIL and RACIAL burnham law...hey hey hey. 

The CCJ is not the final appeals court on all matters.  Article 177(4) specifically states that a decision based on that article cannot be appealed--it is final.  

T
@Totaram posted:

The CCJ is not the final appeals court on all matters.  Article 177(4) specifically states that a decision based on that article cannot be appealed--it is final.  

Hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey hey...de article give rich bois who cry marginal wan loophole? Dat coolie tek ayoo land? Hey hey hey hey hey hey...suh which matter de article seh cyant go CCJ? hey hey hey hey hey...

FM

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