A Notice of Motion was filed in the Court of Appeal and served on the Chairperson and Chief Elections Officer of the Guyana Elections Commission (GECOM).
The Notice was served on the CEO Keith Lowenfield before 13:00hrs (which was the deadline for submission of the final elections report).
According to GECOM’s Public Relations Officer Yolanda Ward, “The Notice restraints the CEO from ‘complying with the directions of Chairperson’ and as a consequence a report was not submitted.”
But former Attorney General Anil Nandlall has argued that the Notice of Motion has no merit and must be rejected by GECOM.
“This is a nuisance-value litigation. It has absolutely no prospects of success. It raises no serious questions of law. It is absolutely frivolous and vexatious and will be dismissed,” Nandlall explained in a social media post.
“It is filed by one lawyer, who hardly has a practice in Guyana. It must be ignored by the Guyana Elections Commission (GECOM). The nation’s important business cannot be stalled on the basis of such legal frivolity. It confirms APNU/AFC’s pandemonium!
“It is simply designed to stall and must be rejected by GECOM. The Chairperson, an experienced former Court of Appeal Judge, would clearly see it for what it is: specious, wholly without merit and an abuse of the process of the Court,” Nandlall contended.
The Notice was filed in the name of Eslyn David by Attorney Mayo Robertson.
When pointed out that GECOM cannot simply act on a Notice of Motion, Ward told media operatives that the seven-member Commission will meet to determine how to proceed.
A Notice of Motion basically notifies the parties that a case has been filed. As it stands, the Court of Appeal has not fixed a date for hearing nor has it granted any injunction.