The Court of Appeal has once again delivered a blow to the incumbent APNU/AFC administration’s quest to stay in power by legal fiat. In an unanimous decision by the 3 member body, the Court held that the constant legal manoeuvres by citizens on matters that have already been decided by the courts is an abuse of the court process. The Court contended that the appeal before them were frivolous and vexatious.
In relation to the contentious Order 60, the Court has determined that it remains valid until overturned by an elections petition following the declaration of the results based on the recount figures which the CCJ ruled was extant.
Justices Dawn Gregory, Priya Sewnarine-Beharry and Rishi Persaud today threw out the appeal of Misenga Jones against the decision of Chief Justice Roxane George that the recount votes be used for the declaration of the result of the March 2nd general elections.
The judges also ruled that the Chief Election Officer (CEO) must submit his Section 96 report on the basis of the recount of votes. Justice Sewnarine-Beharry said that the CEO is under the direction of GECOM.
The Court of Appeal denied the applicant’s petition to stay the decision for 3 days. After much intervention, the Court in a 2-1 majority reversed its previous decision and granted a day’s stay.
It is expected that the appellant will seek special leave to file an appeal to the CCJ.