Executive Secretary of the People’s Progressive Party, Zulfikar Mustapha, has filed an appeal to the Caribbean Court of Justice (CCJ) over the unilateral appointment of the GECOM Chairman, retired Justice James Patterson.
Represented by Attorney-at-Law, Anil Nandlall, Mustapha is appealling the October 19 decision of acting Chancellor Madam Justice Yonette Cummings-Edwards and fellow Appellate Court Justices Dawn Gregory and Justice Rishi Persaud that effectively declared Patterson’s appointment constitutional.
Nandlall is also petitioning the Trinidadian-based court to grant an order that security for costs be fixed in a “reasonable sum” in addition to further orders and/or directions that the court may find “just and appropriate”.
The Attorney General is listed as the respondent in the matter.
In Mustapha’s sworn affidavit which was seen by this publication, he said that he intends to appeal the decision of the Court of Appeal at the CCJ, having observed that the Appellate Court “incorrectly construed, misconstrued, incorrectly applied and misapplied Article 161 of the Constitution of Guyana.”
Moreover, he said the issues which have arisen in the case are of great general, public and constitutional importance, as “free and fair elections are the foundation of democracy.”
The applicant’s CCJ bid follows the rulings of local courts.
The Appellate Court’s ruling was handed down unanimously last week and upheld acting Chief Justice Roxane George’s ruling back in June.
Opposition Leader Dr Bharrat Jagdeo had sent three lists of six nominees, 18 reputable persons, who were rejected by President David Granger, who then went on to handpick Justice Patterson.