Election challenge shows “major lack of understanding” of Constitution – AG Nandlall

Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has issued a rebuttal against a legal challenge filed by the Forward Guyana Movement (FGM) in the High Court against the Guyana Elections Commission (GECOM).

During a televised interview with the National Communications Network (NCN) on Friday, the AG described the legal challenge as “baseless and frivolous.”

The case, which alleges that approved political parties were unlawfully excluded from ballots intended for distribution in several regions ahead of the September 1 General and Regional Elections, has been described by the AG as reflecting a deep misunderstanding of Guyana’s constitutional and electoral framework and as an abuse of the court’s process.

“This case, in my humble and respectful view, is a demonstrable illustration of a major lack of understanding of our electoral framework, as established by the constitution of our country, and the electoral machinery as established by the relevant statutory provisions,” the legal affairs minister stated. 

Minister Nandlall reassured the public that this case will in no way affect or derail the upcoming elections while highlighting that it has no chance of success. 

“The case has absolutely no merit, it has no likelihood of success, and would amount to a colossal waste of the court’s time,” he stated.

The senior council noted the odd timing of the legal action and the unnecessary diversion of resources it requires.  

“A tremendous amount of resources, time and energy have to be expended at this crucial time, days before the elections, with a hopeless legal challenge,” he reiterated. “The court has an obligation, in my view, to express its discontent with actions that are so patently frivolous and vexatious.”

The AG also reminded viewers that the leader of the party bringing the proceedings to the court is an attorney-at-law and should have been fully aware of all constitutional and statutory provisions that govern Guyana’s elections. 

He also said that the submitted affidavit in itself undermines the claim it is making because ‘it fails to show any valid legal basis for relief.’

The minister expressed confidence that the court will dismiss the case and hopes that it will impose costs that essentially would deter further abuse of the judicial process. 

“Hopefully, at the end of the matter, the court would express its displeasure with its process being so abused and impose an appropriate order in relation to costs,” he said.