@Rochelle posted:There were questions around whether the same votes cast that are used to elect a President is used to elect a national assembly. The answer is YES. I believe this question was asked to circumvent 177(4)'s exclusive jurisdiction of the COA, thereby providing CCJ to have jurisdiction to hear the matter.
There were also questions around whether there was a President elected for there to be application of 177(4). The fact remains that there is still one President duly elected into office and that remains in office. On this basis it could be argued that 177(4) does apply, and that Ms. David's matter was filed in the appropriate court and therefore, CCJ has no jurisdiction. President Granger was technically not a presidential "candidate" but a elected President who sought re-election.
And I also learned that according to some arguments, an election petition can be filed once candidates were nominated, not necessarily when GECOM declares. In other words, there technically does not have to be a declaration made for a petition to be filed.
Brilliant judges and attorneys all around.
This question was debated and was rejected. The argument that if 177(4) could be used even before an election was held. The PNC lawyer was confused. The word president was emphasized and no president was elected during this process.