set aside the decision of the Court of Appeal. That decision was made without
jurisdiction on the part of that Court. It was therefore not final and is of no effect.
This Court is entitled and required to declare it invalid. Logically, the report of 23
June issued by the CEO which was based on it is similarly of no effect. It follows
that the Appeal of Messrs Ali and Jagdeo succeeds.
[54]
We were addressed, with great passion, by some counsel to make a raft of
consequential orders relating to the Elections. In this regard it is important to bear
in mind that this case is essentially about jurisdiction, our jurisdiction, the
jurisdiction of the Court of Appeal, and even, implications for the High Court’s
exclusive jurisdiction under the Constitution.
[55]
This Court’s jurisdiction has been invoked for the sole purpose of determining
whether the Court of Appeal lacked jurisdiction to entertain Ms David’s application
and to make the order(s) it made. Once we decide that the Court of Appeal’s order
was made without jurisdiction and should therefore be set aside, there is nothing
left upon which we ourselves would possess jurisdiction to make any further orders.
To accept counsel’s suggestion and proceed down that path would be to engage in
an exercise not dis-similar from the one embraced by the Court of Appeal majority
and which we have eschewed. It is for GECOM to ensure that the election results
are swiftly declared in accordance with the Laws of Guyana. As Guyana’s final
court, we cannot, however, pretend to be oblivious to events that have transpired
since December 2018. Indeed, we have had to pronounce on some of those events.56
It has been four months since the Elections were held and the country has been
without a Parliament for well over a year. No one in Guyana would regard this as a
satisfactory state of affairs. We express the fervent hope that there would quickly
be a peaceable restoration of normalcy. Now, the Law must run its course.
56
See Christopher Ram v The Attorney General, The Leader of the Opposition, Joseph Harmon and Guyana
Elections Commission; Bharrat Jagdeo v The Attorney General, Dr Barton Scotland, Joseph Harmon and
Guyana Elections Commission; Charrandas Persaud v Compton Herbert Reid, Dr Barton Scotland, The
Attorney General, Bharrat Jagdeo, Joseph Harmon and Guyana Elections Commission (consolidated by
order of this Court dated the 29th day of March 2019) [2019] CCJ 14 (AJ)