to the President, submitted by the Leader of the Opposition after meaningful consultation with the non-governmental political parties represented in the National Assembly: Provided that if the Leader of the Opposition fails to submit a list as provided for, the President shall appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge. [3] Justice Patterson’s appointment followed a series of written exchanges between the President and the Leader of the Opposition between November 2016 and October 2017. At the outset, on 22 November 2016, the President invited the Leader of the Opposition to submit a ‘list of six persons, not unacceptable to the President’ from among whom the President would select the Chairman of GECOM. The Leader of the Opposition submitted a list of six persons on 21 December 2016. On the following day, the President requested the curriculum vitae (“CV”) of each person on the list. The CVs, which were requested so as to ‘guide’ the President ‘in making the selection’, were forwarded on 28 December 2016. A few days later, on 5 January 2017, the President advised the Opposition Leader that the six nominees were ‘unacceptable’ within the meaning of the Constitution. The nominees were found to be unacceptable, according to the President, because their CVs did not ‘seem to conform to the requirements of… Article 161(2).’ The Leader of the Opposition was then urged to submit a new list of persons for the President’s further consideration. [4] The Opposition Leader sought from the President information on the kind of candidate that might find favour with the President. On 14 March 2017, the President accordingly provided a Statement of the ‘Qualities of the Chairman of the Guyana Elections Commission’. According to the President’s Statement: 1. The candidate should be a person who is qualified to be a Judge of the High Court under Article 129 of the Constitution and under section 5 of the High Court Act, Cap. 3:02. 2. That person should have been an Attorney-at-Law for a minimum of 7 years, according to section 5 of the High Court Act, Cap. 3:02.

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