…PPP says as appeal filed in High Court
The People’s Progressive Party (PPP) on Monday filed an appeal against the High Court’s recent decision to uphold President David Granger’s unilateral appointment of Justice James Patterson as head of the Guyana Elections Commission (GECOM), saying that acting Chief Justice (CJ) Roxane George’s ruling has reduced the Opposition Leader’s role.
In court documents seen by this publication, applicant Zulfikar Mustapha’s attorney, Anil Nandlall, stated that Justice Roxane George erred and misdirected herself on interpreting and ruling on Article 161 (2) of the Constitution. The documents observed further that the Chief Justice omitted to properly examine whether or not the President had exercised his power and discretion lawfully and reasonably, and not “irrationally, capriciously, whimsically, influenced by irrelevant and extraneous considerations, and not guided by relevant considerations”.
“Her honour’s interpretation or misinterpretation has reduced the role of the Leader of the Opposition to being merely perfunctory,” a section of the appeal further highlighted.
The applicant, in his appeal, noted that the learned judge also erred when she ruled that reasons are required to be provided by the President for the rejection of the Opposition Leader’s lists after having ruled that the President provided no such reasons.
The PPP, via its applicant, pointed out its belief that Justice George acted in error when she ruled that the President had the power to reject a list of six names that the Opposition Leader presented to him. It further maintained that the trial judge failed to make pronouncement on whether the President has the power to request more than one list of six names.
The applicant is also challenging whether or not the President really is empowered to reject the list as unacceptable, although one or more persons on that list was deemed acceptable. The party feels that Justice George’s ruling was “wrong, misconceived and erroneous in law; having, as it has, destroyed a delicate but fundamental balance of the Constitution, which ensures that the Chairman enjoys the confidence and acceptance of both the Leader of the Opposition and the President”.
The appeal application is calling on the appellate court to reverse the trial judge’s ruling and wholly set it aside.
Mustapha wants judgment to be granted in accordance with the original claim filed on October 23, 2017, which sought to have the court rescind the unilateral appointment of Justice James Patterson as Chairman of the Elections Commission.
The CJ last week ruled that the Opposition could produce no evidence that Patterson was unqualified for the position, while adding that even if she had agreed with the contention that the appointment was unlawful, it would not have been permissible to direct the President choose a nominee from the third or any list.
The PPP, however, noted that Patterson was a religious leader, which is a clear violation of criteria set out. It maintained that he is unfit and improper for the job, since he was a pall bearer at the funeral of People’s National Congress leader Desmond Hoyte, and that he lied on his CV when he said he was the Chief Justice of Grenada, having served only in an acting capacity.
The PPP last week had observed that the ruling was in violation of the letter and spirit of the Constitution, noting that it sought to legitimise a unilateral appointment of a GECOM Chairman, which “crushed” the crucial balance in the makeup of the Commission.
“A unilateral appointment is contemplated by the Constitution only in the rare and exceptional circumstance where the Leader of the Opposition fails to provide a list of nominees to the President,” the party noted.
According to the Party, the ruling may, or has, paved the way for more executive unilateral appointments in situations where the Constitution require agreement between the President and Leader of the Opposition.
Patterson was appointed after President Granger rejected three lists of 18 names submitted by Jagdeo for the post of GECOM Chairman. He has nominated current Chancellor Yonette Cummings Edwards to serve as Chief Justice, and Caribbean-based Justice Kenneth Benjamin to serve in the position of Chancellor.
