against the discharge of a detainee pursuant to a writ of habeas corpus in a criminal
matter, save where the rights of the detainee are removed or altered by an express
statutory provision, as was done in England and Wales by section 15 of the
Administration of Justice Act 1960. The Privy Council rested its decision to decline
jurisdiction both on that basis and, as well, on the ground that no specific statute
was enacted granting it such a jurisdiction.
[34]
The Court is not persuaded by this authority for two reasons. Firstly, as in Dany
Sylvie Marie and Senanayake, there was no suggestion in Kozeny that the courts
below had wrongly assumed jurisdiction. Secondly, the court’s decision sought to
uphold constitutional values. If we were satisfied that the Court of Appeal had
rightly exercised its jurisdiction under Article 177(4), we too would have no
difficulty refusing to grant Messrs Ali and Jagdeo special leave to appeal. But it is
altogether a different matter if the Court of Appeal embarked upon a wrongful
exercise of jurisdiction that had the effect of infringing constitutional principles by
trespassing on the jurisdiction of the High Court.
[35]
As the final Court of Appeal of Guyana, this Court has a responsibility to ensure
that there is adherence to the Constitution. Not only is this Court so entitled but it
has a solemn duty to assess whether the Court of Appeal, in all the circumstances,
rightly assumed jurisdiction to hear Ms David’s Application within Article 177(4).
Given all that has been stated above and, in particular, the public importance of this
case and its significant constitutional implications, and upon a perusal of what was
placed before the Court of Appeal (See: [12] – [14] above), we have no hesitation
in granting Messrs Ali and Jagdeo special leave to bring these proceedings. We are
satisfied that this Court has both the jurisdiction and responsibility to do so. A
determination of the merits of their appeal requires us a) to consider the legal and
constitutional scheme for elections in Guyana and b) to interrogate more closely
the provisions of Article 177.