The Court of Appeal has delivered its ruling on the APNU+AFC’s case, Election Petition 88/2020, which was previously rejected by the High Court two years ago.
This case pertained to the recount of the 2020 general and regional elections in Guyana.
The Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards, along with Justices of Appeal Dawn Gregory and Rishi Persaud, presided over the case and reiterated the Chief Justice’s earlier ruling.
The Court affirmed that the Guyana Elections Commission (GECOM) had a constitutional right to order a recount of the votes from the March 2020 elections.
Justices Persaud and Gregory emphasized that GECOM is empowered to address any difficulties that may arise in the execution of its constitutional functions.
Importantly, the judges found no violation of the separation of powers between the executive and the legislature, making it lawful and constitutional.
Former President David Granger and then-Opposition Leader Bharrat Jagdeo had both agreed to the necessity of a recount.
The Court adjourned to allow the judges to consider whether the appellants should bear the costs and whether they should be taxed.
This case, filed by Claudette Thorne and Heston Bostwick, was revisited 18 months after the Chief Justice’s initial decision.
Another petition, number 99 of 2020, was also dismissed on procedural grounds by the Chief Justice and subsequently appealed.
The Caribbean Court of Justice had overturned the Appeal Court’s decision to dismiss the case due to improper service.
This ruling by the Court of Appeal provides a significant resolution to the legal challenges surrounding the 2020 elections in Guyana.