Three months after he was barred from leaving the country, Opposition Member of Parliament, David Patterson is suing the State.

Patterson, who is an Executive Member of the AFC, filed a Fixed Date Application in the High Court on Tuesday, seeking an award of damages in excess of $100,000, in addition to exemplary damages, for breach of his fundamental right to freedom of movement as guaranteed by the Constitution. 

As he was preparing to leave Guyana to deliver a presentation to the Black Caucus of the Congress of the United States of the America on September 27, 2023 in Washington, DC, MP Patterson was denied travel from the Cheddi Jagan International Airport (CJIA) on the night of September 26, 2023 despite an order of Court permitting him to leave the country.

The Guyana Police Force subsequently apologized to the Opposition MP, explaining that he was mistakenly left on an Immigration Department watchlist that barred him from flying. 

But in the case brought against the Attorney General Anil Nandlall, MP Patterson, through his Attorney Nigel Hughes, told the Court he was traveling on official duties as a Member of Parliament when he was barred from leaving the country, although the Magistrate’s Court had earlier granted him person to travel in and out of Guyana despite being charged. 

It was explained that upon arriving at the airport, the MP’s documents were processed and stamped by an Immigration Officer, and was permitted to proceed to the departure lounge. 

However, he was subsequently told that he is was on a no-fly list. 

“While the Applicant was in the departure lounge, he was approached by Immigration Officers who informed the Applicant that he was not permitted to depart from Guyana,” Hughes explained. 

According to the Court documents, MP Patterson immediately made contact with his Attorney, who informed the Immigration Officer that the Court had granted him permission to leave the country, and denial of that right would be a breach of his fundamental rights guaranteed by the Constitution. But, he was still prevented from leaving the country.

“The applicant was unable to attend and deliver the presentation to Congressional caucus at Capitol Hill in his capacity as a member of the National Assembly on matters of concern to the citizens of Guyana,” Hughes told the Court. 

It was noted that MP Patterson was forced to incur expense of returning to Georgetown, and paying a penalty for lost travel and accommodation.

The Chief Immigration Officer subsequently admitted that there was no lawful basis for preventing MP Patterson from departing the country. 

On October 10, the Opposition MP sent a demand for payment of compensation for the breach of his rights to the Attorney General, however, the AG failed to acknowledge receipt of the request and therefore offered no compensation. 

According to Hughes, his client has suffered loss, humiliation and embarrassment and ought to be compensated. 

The case will be heard in the High Court on February 1, 2024 from 10:00hrs. 

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