Court of Appeal ruling on GECOM Declaration matter is final; CCJ has no jurisdiction says AG

Mr. Williams has pointed out that the Constitution provides that 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 that question depends upon the qualification of any person for election or the interpretation of this Constitution, and any decision of that Court under the paragraph shall be final.

Court of Appeal ruling on GECOM Declaration matter is final; CCJ has no jurisdiction says AG

Attorney General of Guyana Senior Counsel Basil Williams has expressed the view that the Caribbean Court of Justice will not be able to hear the appeal being taken before it by the People’s Progressive Party on the Court of Appeal ruling since the CCJ does not have jurisdiction to hear and determine the matter.

Mr. Williams has pointed out that the Constitution provides that 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 that question depends upon the qualification of any person for election or the interpretation of this Constitution, and any decision of that Court under the paragraph shall be final.

He said while the CCJ is Guyana’s apex Court, the Caribbean Court of Justice Act Cap 3:07 limits the appellate jurisdiction of the Court.

“Section 4 states: (1) The Court shall have – (a) original jurisdiction and (b) appellate jurisdiction provided for in this Act as is conferred on it in accordance with the provisions of Part III of the Agreement. (3) 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 came into force in 2004. According to the Attorney General, at that time Article 177 (4) of the Constitution was already part of the laws of Guyana “and that made the decisions of the Court of Appeal final in respect of matters determined thereunder and expressly ousted the jurisdiction of any higher appellate Court”.

The Attorney General who is a respondent in the matter filed before the CCJ said the Caribbean Court of Justice while accepting its position as a superior court of record, has continuously recognised that it only possesses such jurisdiction and powers as are conferred on it by the Agreement or by this Constitution or any other law of the Contracting Party.

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