While putting all systems in place for a national recount to begin, the Guyana Elections Commission has now found itself facing legal hurdles related to that move.

In a statement this afternoon, the Elections Commission said it is currently examining the legal ramifications of the agreement reached by the President and the Opposition Leader in accordance with the Constitution.

“While the Commission has considered the proposal and has implemented systems for the operationalization of the exercise, as a safeguard mechanism, it is necessary for all the legal issues to be properly addressed including the gazetting of the process as requested by the high-level CARICOM delegation here to overlook the recount”, a statement from GECOM said.

News Source understands from sources close to the Commission that the Commission’s Legal Officer, Attorney Excellence Dazzell has written to the Chairperson of the Commission indicating to her that a national recount of all the votes cast from all 10 electoral districts would be an abuse of the election process and would also be unlawful.

The Attorney is reportedly basing that position in what is contained in the Representation of the People Act, Chapter 1:03 which deals with the counting of votes.

According to the source, the Legal Officer is of the opinion that a recount based on an agreement by the President and the Opposition Leader and CARICOM would be a departure from the laws of Guyana regarding recounts and the two leaders may have acted ultra vires in their functions regarding the work of the Commission and the issue of recounts.

News Source understands that the Legal Officer further contends it is for the Returning Officers to grant requests for recounts and once a request is denied then the other avenue for a recount would be through an election petition.

If a request had been granted by the Returning Officer, then the recount for the particular district could legally be done under the supervision of the CARICOM high-level team.

As far as the Legal Officer is concerned, there can be no new count of all the regions legally when the Returning Officers would have already made decisions on such recounts.

Reports suggest the Legal Officer would also like the legal issues to be made clear to the President and the Opposition Leader.

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