Attorney General Anil Nandlall has asked the High Court to remove President Irfaan Ali as a respondent in the matter filed by the Police Service Commission over the suspension of the Commission and the promotion of Police Officers.
The Attorney General believes that having President Ali in the proceedings is in contravention of the Constitution.
The Police Service Commission in its case is directly challenging a decision by the President to suspend the entire Police Service Commission and the consequences arising out of that suspension.
Nonetheless, the Attorney General wants the court to remove the President forthwith from the proceedings.
“This honourable Court has jurisdiction under rule 19. 02 (1) the Guyana Civil Rights rule of 2016 to at any stage of a proceeding, remove a party on such terms that are just unless prejudice would result that could not be compensated for by costs or an adjournment,” the Attorney General said in Court papers.
Nandlall contends that pursuant to Article 89 of the Constitution, the President is the Head of State, the Supreme executive authority, and the Commander-in-Chief of the Armed Forces of the Republic of Guyana and therefore all actions brought against him, in his capacity as Head of State, should only name the Attorney General.
Further, Nandlall pointed out that the President has immunity under article 182 of the Constitution.
“Subject to the provisions of Article 182, the holder of the Office of the President Shall not be personally answerable to any Court for the performance or functions of his or her office or for any act done in the performance of those functions, and no proceedings whether criminal or civil, shall be instituted against him or her in his or her personal capacity in respect thereof either during his or her term in office of thereafter.”
Nandlall said the law is clear and the challenge which seeks to include the President is null, void and of no effect.
The hearing into the matter filed by the Police Service Commission is set for hearing by Justice Gino Persaud next week.