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GEORGETOWN, Guyana, October 23, 2017 CMC – The Guyana Bar Association (GBA) has threatened to take legal action, regarding President David Granger’s rejection of nominees, suggested by Opposition Leader, Bharrat Jagdeo, for the position of Chairman of the Guyana Elections Commission (GECOM).
“The Bar Council expects that reasons for rejecting the 18 persons, leading to the unilateral appointment of Justice James Patterson, will be provided, forthwith, to avoid the necessity of further litigation on this issue on its part,” the association said in a statement on Saturday.
On Thursday, Retired Justice James Patterson, former chief justice of Grenada, was sworn in as the new chairman of GECOM, ending months of bickering between President, David Granger, and Opposition Leader, Bharrat Jagdeo, over a replacement for Dr. Steve Surujbally, who retired last November.
However, Jagdeo, who met with Granger, prior to the announcement of Justice Patterson to the post, said the Head of state had acted, unilaterally, and declared a period of non co-operation with the government.
“We will be talking to our people across the country, as well as the members, to decide what else we will do, but right now, this government will not have our co-operation on any issue until they start complying with the constitution,” Jagdeo said.
However, according to the GBA, Chief Justice Roxane George-Wiltshire’s ruling is now part of Guyana’s laws, unless a higher court overturns it, and so the President has a duty to provide reasons for his rejection of the nominees.
“It should be obvious therefore, that Guyanese cannot satisfy themselves that there is an objective and lawful basis for the President’s unilateral appointment of Justice James Patterson to that office, unless publicly stated reasons for the rejection of the 18 persons, found by the President to be unfit to hold the office of Chairman of the Elections Commission, are provided.
The Bar Association said only if clear and detailed reasons are provided, which show cause why each of the 18 rejected persons is unacceptable to the President for appointment to the office of Chairman of the Elections Commission, would it be possible to establish that the Leader of the Opposition failed to submit a list, as provided for by the Constitution.”
Saying that it was deeply concerned by the President’s unilateral appointment of a GECOM Chairman in more than 25 years, the GBA warned that the move could result in voter apathy.
“The unilateral appointment of the Chairman can lead to a loss of public confidence in the electoral process, which is entirely undesirable, having regard to Guyana’s experience in past elections,” the association said.
