of the validity or credibility of an election is exclusively given to the High Court
by Article 163 of the Constitution and does not fall within the powers of GECOM.
[17]
The Court of Appeal granted a Stay of its judgment for a period of three days.
Inexplicably, however, on the day following the delivery of the judgment, and while
the stay of proceedings was in effect, the CEO submitted another report to GECOM.
Ostensibly basing himself upon the Decision of the Court of Appeal majority, he
took it upon himself to invalidate such votes as he considered ought to be
invalidated. This new report of his purported to invalidate well over 100,000 votes
that had previously been counted and certified as valid votes within the meaning of
the Representation of the People Act.
The Application for Special Leave
[18]
On 23 June 2020, Messrs Ali and Jagdeo applied to this Court for special leave to
appeal the Decision. Additionally, they applied for Interim Orders restraining
GECOM from enquiring into the validity or credibility of the tabulated votes or
taking any action that would usurp the exclusive jurisdiction of the High Court
under Article 163 of the Constitution.
[19]
Upon receipt of the Application for Special Leave, but after the CEO had submitted
his Report as indicated at [17] above, this Court issued an Order precluding
GECOM from taking any steps that would prejudice the outcome of the Application
for Special Leave. The Court also held a Case Management Conference on 25 June
2020 in which decisions were taken for the smooth and orderly hearing of all the
parties who wished to be heard on the Application for Special Leave. Given the
urgency, the Court decided to roll up into a single hearing both the Application for
Special Leave and (in the event that the Court considered that Special Leave should
be granted) the merits of the appeal itself.
[20]
The Court invited the parties to make written and oral submissions on the following
issues: