Appeal court order being sought to compel Cabinet, President to resign

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Former Attorney General Anil Nandlall has filed a notice that he is appealing the ruling handed down by Chief Justice (ag) Roxane George regarding his application seeking Cabinet and the President’s resignation.

According to the Notice of Appeal , Nandlall is seeking an order from the Court of Appeal compelling Cabinet and the President to resign, as a consequence of them being defeated by a No-Confidence vote.

Apart from asking for a mandatory order to force the Government to give effect to such a ruling, Nandlall is also asking for a conservatory order restraining Cabinet (which stands resigned following the Caribbean Court of Justice ruling on June 21, 2019), including the President, from meeting.

Nandlall also requested an order reversing Justice George’s order dismissing his claim and awarding costs of $500,000 to the respondent, as well as any other orders the Court deems fit to grant.

According to the former AG in his Notice of Appeal, the CJ “erred in law in failing to properly give a true interpretation to and give effect to the clear and unambiguous provisions of Article 106 (6) of the Constitution, commanding, mandating and requiring the resignation of the Cabinet, including the President, when the Government is defeated by a vote of majority of all the elected members of the National Assembly”.

Among Nandlall’s other contentions is that Justice George failed to properly interpret the ruling of the Caribbean Court of Justice (CCJ) in the consolidated appeals related to the No Confidence vote. According to Nandlall, she also failed to properly apply the Doctrine of Stare decisis or the principle that treats with precedents set by higher courts.

In her ruling last week, Justice George had noted that a first instance court such as the High Court cannot contradict the higher court’s ruling. She pointed out that the CCJ had said that notwithstanding the Cabinet’s resignation, it still continued in office as a caretaker government.