Despite declaring that the ruling by Appeal Court does not change anything with regards to the declaration of results, the Attorneys for PPP General Secretary Bharrat Jagdeo and Presidential Candidate Irfaan Ali have filed an appeal to the Caribbean Court of Justice of yesterday’s ruling by the Guyana Court of Appeal.
In seeking an urgent hearing of the application, the Attorneys representing the PPP officials are asking the CCJ to throw out the Guyana Court of Appeal’s decision since they maintain that the Court of Appeal had no jurisdiction to hear the matter in the first place.
They want the Decision, inclusive of all declaratory orders to be set aside in its entirety on the basis that the Court of Appeal lacked jurisdiction to hear and determine the original matter and that all orders made as part of the Decision be discharged.
In the application, the Attorneys indicate that in their view the assumption of jurisdiction by the Court of Appeal was irregular and improper.
Additionally, the are seeking an interim order restraining the Chief Election Officer from issuing his Report or any report in reliance on the Decision, inclusive of the modified interpretation of Article 177 (2) (b) of the Constitution of Guyana given by the Court of Appeal, pending the determination of the application and the Appeal.
They also want an interim order restraining the Elections Commission and/or the Chief Election Officer and/or any servant and/or agent of the Commission from taking any further steps to determine whether the recounted votes as tabulated by the Chief Election Officer constitutes “a final credible count” or otherwise enquiring into the validity or credibility of the tabulated votes pending the determination of the application.
The respondents in the matter have been named and served.
The Attorney General of Guyana has already indicated that the Caribbean Court of Justice does not have jurisdiction to hear the matter.
In a majority decision on Monday, the Court of Appeal after ruling that it has jurisdiction to hear the Election declaration matter determined that the words “more votes than” as stated in the Constitution is interpreted to mean “more valid votes”.
The ruling has effectively thrown the issue back to the Guyana Elections Commission to determine the issue of credibility as set out in the Elections Recount Order, using valid votes.
The Court action was filed last week by Sophia resident Eslyn David who was concerned that the Guyana Elections Commission was moving to declare the elections without taking into account and acting on the anomalies uncovered during the vote recount.