Legitimacy of Govt already well established – AG to PNC Leader

Attorney General Anil Nandlall SC and PNCR Leader Aubrey Norton

While the People’s National Congress Reform’s (PNCR) new leader Aubrey Norton is still in doubt over the Government’s legitimacy, Attorney General Anil Nandlall said that Norton’s own logic should compel him to recognise the legitimacy of the Government.

Norton had said recently that only the election petition case will determine whether the present Government is legitimate. The recently-elected party leader was questioned during a press conference whether the new Opposition Leader would recognise the People’s Progressive Party/Civic (PPP/C) as the duly elected Government.

On Saturday, Nandlall drew Norton’s attention to the two election petitions that were brought by A Partnership for National Unity/Alliance For Change (APNU/AFC), both of which have since been tossed out by the court.

“I agree with Mr Norton ‘’that legitimacy comes from elections in this regard.” As I stated earlier, the presumption of regularity applies. Obviously like every other presumption, this presumption is rebuttable. It is Mr Norton’s burden to rebut it,” he said.

“For argument’s sake, let us assume that the ‘’legitimacy of the Government has to be determined by an elections petition,’ as Mr Norton contends. His party has filed not one but two. Both were heard and dismissed by the High Court that has the jurisdiction to do so. Therefore, following Mr Norton’s logic, the Government’s legitimacy has been determined twice by the proper constitutional forum.”

While Nandlall acknowledged that appeals have been filed against the dismissal of both petitions, it is important to note that a stay has not been granted in favour of APNU/AFC and their legal advisors. In any event, Nandlall noted that it is juridically impossible to stay the dismissal of a case.

“In conclusion, I hope that I have persuaded Mr Norton that even by his own logic and reasoning, the Government is legitimate. Let us now hope that he gets the coveted Leader of the Opposition post,” Nandlall wrote.

Vice President Bharrat Jagdeo and Prime Minister, Retired Brigadier Mark Phillips have both indicated that the Government is willing to meet with the new Opposition Leader in the interest of the country. However, Norton said his party does not have the authority to pronounce on Government’s legitimacy.

“The question of the legitimacy of the Government has to be determined by an election petition. It is not a case of the Leader of the Opposition or the Leader of the Party just deciding the Government is legitimate. Legitimacy comes from elections in this regard,” he told the media.

He added, “If perchance, it (the election petition) comes out saying that the Government was elected properly, then they will be legitimate”.

The recount of the 2020 General and Regional Elections showed the PPP/C winning the elections with 233,336 votes. At that time, caretaker President David Granger, on August 2, 2020, conceded defeat, stating that his party’s concerns would be filed in an election petition.

Three weeks ago, Chancellor of the Judiciary, Yonnette Cummings-Edwards made the decision to grant Attorney General Anil Nandlall, SC, and the Vice President – in his capacity as People’s Progressive Party (PPP) General Secretary – leave to appeal to the CCJ, the decision of December 21, 2021, to hear the election petition number 99.

The Court of Appeal had handed down a 2 to 1 majority ruling that it had jurisdiction to hear an appeal against Chief Justice Roxane George’s decision to dismiss election petition #99 based on improper service/non-service on the second-named respondent, former President David Granger, within the statutorily prescribed time.

The petition, which was dismissed on January 18, 2021, was filed by Monica Thomas and Brennan Nurse and challenges the results of the March 2, 2020 national elections with the intent of having Granger declared the duly-elected President.

The majority ruling was delivered by Chancellor of the Judiciary, Yonette Cummings-Edwards and Justice of Appeal Dawn Gregory, SC, while Justice of Appeal Rishi Persaud had a dissenting judgement.