With Chief Justice (ag) Roxane George ruling that the APNU/AFC’s application is “hopelessly flawed”, former Attorney General Anil Nandlall pointed out that the coalition’s appeal will stand no chance of success.
“An appeal has no likelihood of success. Would be just another shameless attempt to hold on to government,” Nandlall posited in a Facebook Post.
The APNU/AFC Coalition supporter, Misenga Jones, who had filed an applicant in the High Court seeking to block the Guyana Elections Commission (GECOM) from using the recount results to declare the winner of the elections, has signaled her intention to appeal today’s ruling of the High Court.
The High Court, through the CJ, ruled that Jones’ application is “hopelessly flawed” and without merit.
Justice George further ruled that Jones, the Attorney General Basil Williams and the Chief Elections Officer Keith Lowenfield misinterpreted what the Caribbean Court of Justice (CCJ) ruled in the case filed by another APNU/AFC supporter, Ulita Moore – who was also seeking to block GECOM from declaring the elections results.
The Chief Justice also made it clear that GECOM CEO Keith Lowenfield is no “lone ranger” and that he must take his direction from GECOM Chair, retired Justice Claudette Singh.
Justice George also ruled that the recount results are valid and that a declaration can only be made based on those figures.
She also determined that the ten declarations made by the Returning Officers have been set aside and cannot be resurrected.
GECOM has been attempting to make a declaration of the March 2 polls based on the certified recount results which shows that the PPP/C won the elections with 233,336 votes.
But the APNU/AFC Coalition is contending that the recount results are not valid. In fact, Lowenfield has refused, on numerous occasions, to submit his final elections report using the recount figures – in direct defiance of instructions given to him by Chairwoman Justice Claudette Singh.
The latest report he submitted including the declarations of the ten Returning Officers, including the fraudulent declarations made by Returning Officer for Region Four Clairmont Mingo.
The GECOM Chair, through her lawyer Kim Kyte, committed to waiting for one day for the coalition to file its appeal.