The Parties to the Proceedings
[3]
The Applicants in these proceedings, Mohamed Irfaan Ali and Bharrat Jagdeo, wish
to have this Court set aside a decision of the Court of Appeal4 (“the Decision”). The
Decision was made at the instance of Eslyn David who had applied to that court for
certain Orders that shall shortly be spelt out. Messrs Ali and Jagdeo claim that
although the Article of the Constitution, under which the Court of Appeal made the
Decision (Article 177(4)), expresses that the Court of Appeal’s decision is to be
final, this Court must nonetheless step in and set aside the Decision because the
Court of Appeal had no jurisdiction to decide it at all and therefore it could not be
final.
[4]
The Respondents to Ms David’s Application in the Court of Appeal were the
Guyana Elections Commission (GECOM), the Chairperson of that body, the Chief
Election Officer (who, although served, did not appear before us) and the Attorney
General. Both at the Court of Appeal and before this Court, representatives of
various political parties were made parties or permitted to join the proceedings.
The Factual Background
[5]
The circumstances giving rise to Ms David’s application are all matters of public
record. They can therefore be briefly summarised. As previously stated, the
Elections were held in Guyana on 2 March 2020. It is unnecessary to describe all
the events, including the court proceedings, that took place after polling day. It is
sufficient to state that GECOM ultimately decided to recount the votes cast in all
ten administrative regions. To facilitate the recount process, GECOM issued an
Order which was Gazetted and dated 4 May 2020 as Order, No. 60 of 20205. This
Order was amended on 29 May 2020 by Order No. 69 of 20206. Order 60, as
4
Decision of the Court of Appeal dated 22 June 2020 in Eslyn David v Chief Elections Officer, Civil Appeal No 41 of 2020, 19 June
2020
5
‘Order No 60 of 2020 – The Constitution of Guyana and the Elections Laws (Amendment) Act’ in Guyana, The Official Gazette
(Extraordinary): Legal Supplement - B, No 60/2020, 4 May 2020.
6
‘Addendum – Order No 60 of 2020 – The Constitution of Guyana and the Election Laws (Amendment) Act’ in Guyana, The Official
Gazette (Extraordinary): Legal Supplement - B, No 69/2020, 29 May 2020.