President flouts order of High Court Judge – Nandlall

Former Attorney General Anil Nandlall has said that the disregard for the rule of law, the Constitution and the judicial process by the APNU+AFC Coalition Government continues with impunity, as they continue to assault the democratic process and trample upon the free will of the Guyanese electorate.

Nandlall believes that President David Granger has himself committed the latest of such egregious actions when he swore in Rupert Henry Smith as the Mayor of the municipality of Mabaruma, one of the Local Authorities Organs whose results tied between the APNU+AFC and the PPP at the Local Government Elections held in March, 2016.

“Instead of going back to the electorate for their vote, as is required by the law to break this tie, Minister of Communities, Ronald Bulkan, in violation of the law, unilaterally appointed Rupert Henry Smith as the Mayor,” Nandlall said in a statement.

Nandlall said the Honourable Madam Justice Diana Insanally had, on April 5, 2016, granted a series of Orders, including an Order Rule Nisi of Certiorari quashing the decision of Minister of Communities, Mr Ronald Bulkan, to appoint Rupert Henry Smith the Mayor of the municipality of Mabaruma, and the said Order called upon Minister Bulkan to show cause why the said Order Rule Nisi of Certiorari should not be made absolute.

He said an Order or Rule Nisi of Prohibition was also granted, restraining the said Rupert Henry Smith from preforming the functions of Mayor of the municipality of Mabaruma, and the Minister of Communities, Ronald Bulkan was directed to show cause why the said Order or Rule Nisi of Prohibition should not be made absolute.

“The hearing of this matter was concluded before Chief Justice (Ag), Honourable Yonette Cummings-Edwards, and we are now awaiting the Court’s ruling,” Nandlall said. He noted that the legal effect of an Order Rule Nisi of Certiorari is that it puts the decision which it impugns or challenges on hold, or stays the decision until the case is heard and determined. The Order or Rule Nisi of Prohibition has a similar legal effect. Therefore, he argued, the appointment of Smith by Minister Bulkhan has been placed on hold, or is stayed by the Order or Rule Nisi of Certiorari.

This stay, he said, was further consolidated and solidified by the Order or Rule of Prohibition. Notwithstanding, in clear violation of these Orders of the High Court, and in absolute disregard of the judicial process, the President has chosen to swear in Mr Smith as the Mayor of the municipality of Mabaruma.

“Quite apart from the contempt exhibited towards the judicial process and two Judges of the High Court, including the Chief Justice (Ag), who is now the Chancellor (Ag), every act performed by Mr. Smith as mayor would be unlawful and tainted with illegality,” Nandlall posited. “Needless to say, the PPP and its councillors do not, and will not, regard Rupert Henry Smith as the Mayor of the municipality of Mabaruma,” he avowed.

“We call upon the diplomatic and international community to take note of this latest onslaught on the rule of law, the judiciary and the democratic process by the Government,” the PPP/C Member of Parliament added.

President David Granger