The election debacle is heading back to the court once again with a private citizen Misenga Jones seeking the high court to compel the Guyana Elections Commission to use the 10 declarations by Returning Officers to declare the March 2 elections.
Jones through her attorneys Mayo Robertson and others is seeking several orders among them:
A Declaration that this Court has jurisdiction to hear this Application on the basis of prima facie evidence that there has been noncompliance by the Guyana Elections Commission and the Chairman of the Guyana Elections Commission in that they have not complied with the constitutionally stated process as outlined in Article 177(2)(b) of the Constitution with regard to the March 2, 2020 General and Regional Elections;
A Declaration that the Chair of the Guyana Elections Commission (GECOM) has failed to act in accordance with the advice of the Chief Election Officer as mandated by Article 177(2)(b) of the Constitution of Guyana in that she has failed to declare the Presidential candidate deemed to be elected as President in accordance with the advice tended in the report by the Chief Elections Officer dated the 11th day of July 2020;
A Declaration that the Respondents and in particular the Guyana Elections Commission (GECOM) have no authority to declare any person as President except in accordance with the advice of the Chief Election Officer tended in his report pursuant to Section 96(1) of the Representation Act:
A Declaration that the report required by the Chief Election Officer under Section 96 of the Representation of the People Act must be based on the votes counted and information furnished by the ten (10) Returning Officers from their respective ten (10) Electoral Districts which were submitted to the Chief Election Officer on the 13th day of March, 2020;
A Declaration that data generated from the recount purportedly conducted under Order No. 60 of 2020 is generated by an unconstitutional process in that the Order requires decisions on validity of ballots that by Article 163(1)(b) are the exclusive province of the High Court.
In the court document filed, Jones sighted several grounds for moving to the court among them that at no time were the returns by the Returning Officers of the ten (10) districts set aside or invalidated by any Court or competent authority.
Yesterday, GECOM Chair Retired Justice Claudette Singh rejected the reported submitted by Chief Elections Officer Keith Lowenfield and unilaterally set aside the declarations of the 10 returning officers in the March 2, elections.
Singh also instructed Lowenfield to submit a report in accordance with the recount numbers. No oath of office was taken by any person to perform the function as returning officers during the recount process.
Singh in her instruction to the CEO said if he fails to comply with her instruction then Deputy Chief Elections Officer, Roxanne Mayers must produce that report.
The recount figures taking into account irregularities such as ballots cast in the name of the dead, those confirmed to be out of the jurisdiction and ballots that cannot be validated because of the absence of all statutory documents from the ballot boxes will give the Opposition, People’s Progressive Party a victory at the polls.