Signed by the beloved Jagdeo himself:

"NOTHING in this Act shall confer jurisdiction on the Court [CCJ] to hear matters in relation to ANY decision of the Court of Appeal..."

"...which at the time of entry into force of this Act [effective as of 2004 when Guyana agreed for CCJ to be its apex court]..."

"..was declared to be final by any law [Article 177 explicitly states the COA decision is FINAL and was so etched into law prior to 2004]..."

Last edited by Rochelle
@BGMAN posted:

@Rochelle

Can you explain to the forum how the NCM and the James Patterson appointment  which the Court of Appeal ruled in the Coalition’s favour were appealed and heard by the CCJ ?

The CCJ is Guyana’s Supreme Court, it replaced the Privy Council. 

Long Live Democracy.

Different piece of cake ,hint..President and National Assembly.

Last edited by Django
@BGMAN posted:

@Rochelle

You need to quote the entire article of the ACT.

PART II - Jurisdiction of the Court (CCJ) - 4(3)

Nothing in this Act shall  confer jurisdiction on the Court (CCJ) to hear matters in relation to any decision of the Court of Appeal which at the time of entry (2004) into force of this ACT was declared to be the final law.

Long Live Democracy.



Confer
1. grant or bestow (a title, degree, benefit, or right).
2.have discussions; exchange opinions.

Last edited by Django
@Rochelle posted:

Signed by the beloved Jagdeo himself:

"NOTHING in this Act shall confer jurisdiction on the Court [CCJ] to hear matters in relation to ANY decision of the Court of Appeal..."

"...which at the time of entry into force of this Act [effective as of 2004 when Guyana agreed for CCJ to be its apex court]..."

"..was declared to be final by any law [Article 177 explicitly states the COA decision is FINAL and was so etched into law prior to 2004]..."

Of specific note --- Guyana Constitution Section 123 (4)

(4) Parliament may make such provision as it deems fit authorising any court of appeal for the Caribbean to be the final court of appeal for Guyana.

GUYANA CONSTITUTION - Section 123 - Source - https://www.oas.org/juridico/s...guy_constitution.pdf

123 . (1)There shall be for Guyana a Supreme Court of Judicature consisting of a Court of Appeal and a High Court, with such jurisdiction and powers as are conferred on those Courts respectively by this Constitution or any other law.

(2) Each of those Courts shall be a superior court of record and,save as otherwise provided by Parliament, shall have all the powers of such a court.

(3) Parliament may confer on any court any part of the jurisdiction of and any powers conferred on the High Court by this Constitution or any other law.

(4) Parliament may make such provision as it deems fit authorising any court of appeal for the Caribbean to be the final court of appeal for Guyana.

(5) Where a court referred to in paragraph (4) is established and becomes the final Court of Appeal for Guyana, such court shall remain the final Court of Appeal for Guyana, unless Parliament, by a vote of no less than two-thirds of all the elected members of the Assembly makes provision for Guyana to withdraw from such court.

@BGMAN posted:

@Django

Article 177(4) speaks to the qualification of a President.

No President has been declared  by the Commission.

Dr. Ali is deemed as the President because the PPP/C has received more valid votes as per the recount.

Long Live Democracy.

Have you ever heard of the Esau Kawana case against Forbes Burnham ? Burnham wasn't declared President.

Anyway the issues are if the CCJ have Jurisdiction.

Last edited by Django
@Django posted:
Confer
1. grant or bestow (a title, degree, benefit, or right).
2.have discussions; exchange opinions.
 

Confer as in jurisdiction Django... is the application of its meaning different... just asking.

@Gilbakka posted:

Interesting. As a layman I await news on what the CCJ will pronounce on Wednesday July 1. A character in one of Charles Dickens's novels says, "The law is an ass." I can't even interpret this statement correctly. πŸ˜‰

The Law is up for interpretation. 

 

@BGMAN posted:

@Rochelle

Can you explain to the forum how the NCM and the James Patterson appointment  which the Court of Appeal ruled in the Coalition’s favour were appealed and heard by the CCJ ?

The CCJ is Guyana’s Supreme Court, it replaced the Privy Council. 

Long Live Democracy.

For the simple fact that Articles 106 and 156, the articles under which the Court of Appeal ruled in favor of the Coalition, did not explicitly state the COA's decision would be final. This led the way for the Opposition to file an appeal with the CCJ.

Article 177 is a different ball game. It explicitly states that the COA has not only the final say where it concerns the qualification of the President but also EXCLUSIVE jurisdiction. This, coupled with Jagdeo's signature pretty much seals PPP's fate here.

I suspect PPP will be arguing that casting/validity of votes is not part and parcel in determining the qualification of a President. That said, our (APNUAFC's) lawyers will be ready for any and everything. 

Last edited by Rochelle
@Dave posted:

 

GUYANA ACT No. 16 of 2004 CARIBBEAN COURT OF ...

parliament.gov.gy β€Ί 4644-act_no._16_of_2004.pdf
 
 
PDF
(1). Under article 123 of the Constitution and this Act the. Caribbean Court of Justice being the final court of appeal for Guyana, all laws, including the Constitution ...

Yes, of course they would try and push that as the reason for CCJ to hear this matter, the only problem is that this is written subsequent to Articles II which prefaces "NOTHING in this Act shall confer jurisdiction on the Court [CCJ] to hear matters in relation to ANY decision of the Court of Appeal..."

That said, I wish you the best of luck on Wednesday. 

Last edited by Rochelle
@BGMAN posted:

@Django

Article 177(4) speaks to the qualification of a President. No President has been declared  by the Commission. Dr. Ali is deemed as the President because the PPP/C has received more valid votes as per the recount.

Long Live Democracy.

I think a lot of shallow thinkers failed to understand article 177(4) which refers to the president. Since the election is not final, there is no president (except a de facto one)and reference to Article 177(4) is moot.

Last edited by skeldon_man
@skeldon_man posted:

I think a lot of shallow thinkers failed to understand article 177(4) which refers to the president. Since the election is not final, there is no president (except a de facto one)and reference to Article 177(4) is moot.

Read it again, please. "A" and  "THE" are two separate and very important descriptions.

177(4) - "The Court of Appeal shall have exclusive jurisdiction to hear and determine ANY question as to the VALIDITY OF AN ELECTION of A President in so far as that question depends upon the qualifications of any person OR the interpretation of this Constitution..."

177(4) speaks to any questions relating to the validity of electing A President, not THE President. 

The very nature of questioning whether "more votes are cast" means "valid votes" is akin to questioning the validity of an election in electing A President.

And Ms. David's petition to the Court can also fall under the Court's purview as cast votes are used to qualify A President into elected office, and separately, is subject  to the COA's  "interpretation of" what the Constitution meant by "more votes are cast."

Over to you, PPP/C. 

Last edited by Rochelle
@skeldon_man posted:

to the VALIDITY OF AN ELECTION of A President in so far as that question depends upon the qualifications of any person OR the interpretation of this Constitution.

Pay attention to the underlined word.

 

As much as you and others may wish otherwise, there remains a duly sworn and elected President of the Co-operative Republic of Guyana. 

Please refer to Article 106(7) of the Constitution. This article specifically states that the government and all is elected ministers remains in office until an election is held. 

These elections, as I'm sure you've since been made aware, was for A Presidential candidate(s) to be voted in by 'more votes cast.' It just so happens the COA ruled the next President must be be voted in with more valid votes.

May I suggest you stop drinking the Jagdeo Kool-Aid. It's misleading. 

Until next time...

@Rochelle posted:

As much as you and others may wish otherwise, there remains a duly sworn and elected President of the Co-operative Republic of Guyana. 

Please refer to Article 106(7) of the Constitution. This article specifically states that the government and all is elected ministers remains in office until an election is held.

Until next time...

Article 106 (6) and (7), of the Constitution apply in this situation for the recent elections in Guyana ...

Article 106 (6) and (7)

(6) The Cabinet including the President shall resign if the Government is defeated by the vote of a majority of all the elected members of the National Assembly on a vote of confidence.

(7) Notwithstanding its defeat, the Government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.”

Guyana Constitution - https://www.oas.org/juridico/s...guy_constitution.pdf

@Rochelle posted:

As much as you and others may wish otherwise, there remains a duly sworn and elected President of the Co-operative Republic of Guyana. 

Please refer to Article 106(7) of the Constitution. This article specifically states that the government and all is elected ministers remains in office until an election is held. 

These elections, as I'm sure you've since been made aware, was for A Presidential candidate(s) to be voted in by 'more votes cast.' It just so happens the COA ruled the next President must be be voted in with more valid votes.

May I suggest you stop drinking the Jagdeo Kool-Aid. It's misleading. 

Until next time...

Granger's one is called cheating. That is what the PNC members do.  Rig Elections and threaten coolies.

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