Introduction
[1]
The election of the President and members of the National Assembly of Guyana
are matters of fundamental importance. It is of considerable concern to the people
of Guyana that, although General and Regional Elections (“the Elections”) were
held as long ago as 2 March 2020, to date, the results of the Elections have not been
declared and the President and members of the National Assembly have not been
appointed. The Constitution1 professes the Co-operative Republic of Guyana to be
a democratic sovereign State2, and elections that are free, fair, transparent and
accountable are the lifeblood of a true democracy.
[2]
This Court is acutely conscious of the great importance of these proceedings and
our own ultimate responsibility to safeguard and uphold the provisions of the
Constitution of Guyana and the high constitutional values contained in its
Preamble. The Constitution expressly declares that it is the supreme law.3 All arms
of state, whether legislative, judicial, or executive, are subject to the normative,
enabling, and limiting jurisdictions, powers, and responsibilities that are
constitutionally legitimate. These are principles which must inform our
deliberations on the central questions that have been placed before us, whether a)
this Court has jurisdiction to hear and determine this matter, and if so, whether b)
the Court of Appeal rightly assumed and/or acted within the jurisdiction conferred
by Article 177 (4) of the Constitution. We determine these issues based on the rule
of law, the full extent of the jurisdiction vested in all the courts of Guyana, including
this Court, by the Parliament of Guyana and our appreciation of all the relevant
applicable constitutional, legislative and legal provisions.
1
Constitution of the Co-operative Republic of Guyana, Rev Ed 2012, Cap 1:01 of the Laws of Guyana (‘Constitution’)
Ibid, art 1
3
Ibid, art 8
2