interpretation of the Constitution. This is made even clearer by Paragraph 6 which
provides that the validity of the election of such a person can only be challenged in
keeping with Paragraph 4.
[50]
The case of Re Eusi Kwayana’s Application54 was heard and decided by the Guyana
Court of Appeal. A majority in that case declined jurisdiction to treat with an
application questioning the validity of the election of the President in circumstances
where it was being alleged that there was a defect in the Oath of office that was
taken by the President. The case neatly illustrates two features of Article 177(4).
Firstly, courts will interpret the Article in a strict, narrow manner. Secondly, the
requirement for an election of a President would not cover even a situation where
someone had assumed office as President but had not been elected, under the
transitional and unique provisions at the time.
[51]
For all the above reasons, it is our judgment that the provisions of Article 177(4)
were not triggered by Ms David’s Application to the Court of Appeal. That court’s
decision was not and could not have been made under that Article. The finality
clause therefore is not applicable. 55
[52]
The Court also notes that an Order issued by GECOM in any particular context can
never determine how the Constitution is to be interpreted. It is a matter of
elementary constitutional law that if ordinary legislation is in tension with the
Constitution, then the courts must give precedence to the words of the Constitution
and not the other way around. With respect, the notion that Order 60 could either
impact interpretation of the Constitution or create a new election regime at variance
with the plain words of the Constitution is constitutionally unacceptable.
Summary and Orders of the Court
[53]
It follows from all that is stated above that, under the laws of Guyana, this Court
has jurisdiction to hear and determine the Application by Messrs Ali and Jagdeo to
54
(1980) 29 WIR 130.
See Cetelem SA v Roust Holdings Ltd [2005] EWCA Civ 618 [22] - [23]; CGU International Insurance plc v AstraZeneca Insurance
Co Ltd [2006] EWCA Civ 1340, [2007] 1 All ER (Comm) 501; Aden Refinery Co Ltd v Ugland Management Co Ltd [1987] QB 650.
55