Skip to main content

Breaking

GECOM says awaiting decision of Court before any further actions

This story is developing and will be updated.

The Guyana Elections Commission today said it has taken note of calls in the public domain by political parties and other stakeholders for the agency to take certain decisions aimed at ensuring the electoral process ends within the shortest possible time.

“While the anxiety and frustration of the electorate is understandable, the Commission is cognizant that the matter is sub Judice and therefore awaits the outcome of the legal proceedings currently engaging the attention of the Court to inform its deliberations and next steps.

“The Guyana Elections Commission as an autonomous constitutional agency is guided by a legal framework and therefore it is imperative that it abides by the decisions of the Court. In this regard, the Commission reiterates its commitment at ensuring the 2nd March, 2020 General and Regional Elections concludes in a manner that is guided by the Court.

“Though it may appear that GECOM is silent and not taking all necessary steps to arrive at a conclusive decision; the fact that injunctions were granted restraining GECOM officials from proceeding with the national recount supervised by Caricom and setting aside or varying the declaration of the Returning Officers of the ten (10) electoral districts and from substituting or replacing the said declaration of the Returning Officers until the hearing and determination of the judicial review; the Commission cannot pronounce on this matter.

“In this regard, until these matters are properly ventilated in Court and a decision is given, GECOM is unable to take any further actions”.

Replies sorted oldest to newest

Bibi Haniffa posted:

What does the court have to do with anything? All they need is to complete the count of Region 4 votes and declare the results. 

That's the scary part, who will tell the PNC that they LOST.?

K

If court has jurisdiction to hear recount objection, it has jurisdiction to produce CEO’s SoPs – PPP

More than three weeks after the March 2, 2020 General and Regional Elections, Guyanese are no closer to hearing a declaration since litigants on both sides of the issue in the current court hearing in the matter have now challenged the jurisdiction of the court to even hear several pertinent matters.

Attorneys for Lowenfield on Monday objected to the application by Opposition Leader Bharrat Jagdeo, to have the Chief Elections Officer, Keith Lowenfield, tender as evidence the entity’s Statements of Poll for Region Four and questioned the court’s jurisdiction to accommodate the request.

Lowenfield’s attorney, Neil Boston argued that the question of admitting the SoPs must be dealt with by way of petition.

Having heard GECOM challenge the court’s jurisdiction, attorneys for the Opposition countered their position and, in turn, challenged the court’s jurisdiction to hear the matter which was brought by A Partnership for National Unity/Alliance for Change (APNU/AFC) candidate, Ulita Grace Moore. That is, for the recount not to be consummated.

The Opposition Leader’s formal submissions were made by Attorney-at-Law Douglas Mendez via Skype from neighbouring Trinidad and Tobago.

https://www.1953movement.com/wp-content/uploads/2020/03/Justice-Franklyn-Holder-1-256x300.jpg

Justice Franklyn Holder

Another of Jagdeo’s lawyers, Anil Nandlall subsequently briefed media operatives on the decision to challenge the court’s jurisdiction and told media operatives that it was Moore’s attorney that first raised the issue of the court’s jurisdiction “about whether the court can order the SoPs and then we countered with a jurisdictional issue ourselves.”

https://www.1953movement.com/wp-content/uploads/2020/03/anil-3.jpg

Anil Nandlall

He said the court will at some point in time have to entertain the notion of whether it could, in fact, hear the case brought by Moore.

According to Nandlall, “that matter questions decisions made by the Elections Commission and decisions made by the Elections Commission under the Statute—Section 140 of the Representation of the People Act—is precluded from inquiry by any court.”

Section 140 (1) states: Except to the extent that jurisdiction in that behalf has been conferred, and the exercise thereof is required, by the Constitution or any law made under Article 3 thereof (which provides for the determination by the Supreme Court of Judicature of questions as to membership of the National Assembly and elections thereto) and save as hereinbefore provided to the contrary, no question whether any function of the Elections Commission or of any of its members has been performed validly or at all shall be enquired into in any court. (2) No evidence of any deliberations of the Elections Commission or communications between members of the Commission regarding its business shall be admissible in any court.

https://www.1953movement.com/wp-content/uploads/2020/03/Chief-Elections-Officer-Keith-Lowenfield-300x197.jpg

Chief Elections Officer Keith Lowenfield

He was adamant that “Ulita Moore’s entire case rests upon questioning, or asking the court to overrule decisions made by GECOM and to enquire into how those decisions were made and those things cannot be enquired into according to the Representation of the People Act.”

He said were the court to rule that it did not have jurisdiction to entertain the matter brought by the APNU/AFC candidate, then that would negate the need for the application by the Opposition Leader.

Nandlall surmised too that were the Judge to rule in favour of hearing the matter by Moore then he would also have to entertain the request by Jagdeo.

Seeking to rubbish GECOM’s defence, Nandlall told media operatives “we were able to show by statute that the same way that the Returning Officer (RO)—Clairmont Mingo—decision conduct and tabulation exercise was enquired into by the Chief Justice; it’s the same enquiry that we are asking the court to embark into in relation to the March 13 declaration of the RO.”

Meanwhile, Boston—in defence of the Commission’s position—told media operatives that Justice Holder in his decision yesterday opted to determine the court’s jurisdiction before proceeding to hear any of the substantive matters brought by Moore, Jagdeo and Holladar.

Justice Holder will be receiving submissions today and tomorrow from the litigants in order to determine jurisdiction into the Ulita Moore case.
As such, the determination of whether the SoPs can be tendered into evidence on discovery or not will be heard until after a decision into whether the court can entertain the case by the APNU/AFC candidate in the first place.

Jagdeo’s attorney, Douglas Mendez has since been directed to file his arguments on jurisdiction today after which GECOM will file its response on Thursday.

The hearing has since been scheduled to resume on Friday for further arguments to be made before Justice Holder.

FM
kp posted:
Bibi Haniffa posted:

What does the court have to do with anything? All they need is to complete the count of Region 4 votes and declare the results. 

That's the scary part, who will tell the PNC that they LOST.?

PNC already know that they lost. If they won Mingo wouldn’t have run out of Ashmins building and go into hiding for several days. 

Bibi Haniffa
Last edited by Bibi Haniffa

Dem PNC Blackman put all Afro Guyanese to shame. Imaging de whole world condemning dem but dem still na gat any shame. Dem should put black pat on dem face 

Burnham Rigger

Hoyte Rigger

Granger Rigger 

Lowenfield Rigger 

Mingo Rigger

Volda Rigger 

Trotman Rigger

Williams Rigger

etc etc 

tek notice na, tek 

FM
Ramakant-P posted:

GECOM should have been an independent body but it is packed with PNC supporters.How can it be objective?   Imagine these so called brains of the PNC cannot even count...

That's why they gonna stay in government and all you who bussing valves and carrying on bad will do so for eternity. Had the PPP done the right thing and fling BJ to the back of the line there would have been a huge difference in support.

cain
Last edited by cain
cain posted:
Ramakant-P posted:

GECOM should have been an independent body but it is packed with PNC supporters.How can it be objective?   Imagine these so called brains of the PNC cannot even count...

That's why they gonna stay in government and all you who bussing valves and carrying on bad will do so for eternity. Had the PPP done the right thing and fling BJ to the back of the line there would have been a huge difference in support.

This ass wipe Cain siting in his cabin next to a Canadian pond in Northern Ontario telling the East Indian people in Guyana who are facing deep racist anti koolism racial hate on the verge of racial genocide who their leader should be. Cain you on my territory here you continue to piss me off and I will pay you visit that you will never forget. 

Prashad
Last edited by Prashad

I will personally invite you over for a sound thrashing that you will enjoy immensely.

There are three brown people in this town, all I need see is a fourth and that will be you, then yo cork duck.

cain
Last edited by cain
cain posted:

I will personally invite you over for a sound thrashing that you will enjoy immensely.

There are three brown people in this town, all I need see is a fourth and that will be you, then yo cork duck.

I may be coming with a friend of mine Mr. S. Ruger. He is black, look for him also.

Prashad
Last edited by Prashad

I got a nice baseball bat which could do damage to Mr Ruger and the one holding him. But you could still come by as long as you keep six feet away tings irie.

cain
Last edited by cain

I hope you stock up that cabin good. Looks like you will be there for a long time. You don't have to worry about Prashad.  Prashad just realize that you are hiding out already by the pond from the virus.

Prashad
cain posted:
Ramakant-P posted:

GECOM should have been an independent body but it is packed with PNC supporters.How can it be objective?   Imagine these so called brains of the PNC cannot even count...

That's why they gonna stay in government and all you who bussing valves and carrying on bad will do so for eternity. Had the PPP done the right thing and fling BJ to the back of the line there would have been a huge difference in support.

The PPP won the election fair and square.  President elect Ali will be crowned soon.

Bibi Haniffa

The PPP had 23 years to make sure that their supporters were well armed not with just cutlasses.  They did not.  Now this is a precarious position for East Indians of Guyana to be in now when these people unleash their dogs of war.

Prashad

PPP supporters are indeed armed. Plus they are skilled snipers. Just as the families of all those terrorists who were taken out by the Phantom Squad. So leh dem PNC goons try anything.

FM

How long are they going to run from counting the SOPS of region 4?  The international community has made it clear that they will not accept region 4 results based on a spreadsheet with fake numbers provided by Mingo and his APNU cronies.  They are demanding that the actual SOPS for region 4 be counted in the presence of observers and representatives from all political parties.  APNU and GECOM has thus far refused to do so. 

 

Billy Ram Balgobin

Not sure why the PNC thinks all the games and mumbo-jumbo changes anything.

There is a single simple requirement, verify  Region 4 in a transparent manner as all other 9. A fall back position, recount region 4, and all other if so desire. All under an open and transparent method.

Without that, all other is meaningless.

FM

Well GECOM can't 

Billy Ram Balgobin posted:

How long are they going to run from counting the SOPS of region 4?  The international community has made it clear that they will not accept region 4 results based on a spreadsheet with fake numbers provided by Mingo and his APNU cronies.  They are demanding that the actual SOPS for region 4 be counted in the presence of observers and representatives from all political parties.  APNU and GECOM has thus far refused to do so. 

 

The PNC run APNU/AFC has got to be the only 'champion' who are ashamed to display their trophy. This banna below is never ashamed to display his because he wins his fair and square. Well, too bad. Can't insert any images. PNC media suppression in force. 

 

FM

GECOM acquiesced in 2011 to APNU demand for SOPs

FM
Prashad posted:
cain posted:

I will personally invite you over for a sound thrashing that you will enjoy immensely.

There are three brown people in this town, all I need see is a fourth and that will be you, then yo cork duck.

I may be coming with a friend of mine Mr. S. Ruger. He is black, look for him also.

You packing heavy heat. I got a black Ruger too...9mm.

FM

Add Reply

×
×
×
×
×
Link copied to your clipboard.
×
×