Latest update November 8th, 2024 1:00 AM
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Nandlall wants early hearing of appeal Cabinet resignation case
Former Attorney General, Anil Nandlall, has filed an application for the early hearing and determination of an appeal of Chief Justice Roxane George’s decision on the resignation of Cabinet.
Anil Nandlall
Nandlall moved to the High Court where he sought an order compelling Cabinet, including the President resign as government was defeated on the successful passage of a No-Confidence Motion on December 21, 2018 in the National Assembly.
By way of a Fixed Date Application (FDA), Nandlall sought a Mandatory Order compelling the Cabinet, including the President, to give effect to the resignation of the Cabinet, including the President, which occurred by operation of law, consequent upon the government being defeated by the No-Confidence Motion pursuant to Article 106(6) of the Constitution of Guyana.
Further in the alternative, he sought a Conservatory Order or an order restraining the Cabinet, inclusive of the President, from meeting, making decisions as, or performing the functions of Cabinet, consequent upon the Government being defeated by the vote of a majority of all the elected members of the National Assembly on a vote of no-confidence on the 21st day of December, 2018, in accordance with and pursuant to Article 106(6) of the Constitution of Guyana.
Nandlall’s application was based on the No-Confidence Motion that was tabled by Leader of the Opposition Bharrat Jagdeo, which was successfully passed by a vote of a majority of all the elected members of the National Assembly, and in consequence thereof, Resolution 101 was issued by the Clerk of the National Assembly, certifying that the said vote was lawfully and properly passed.
In court documents, Nandlall specifically referred to Article 106 (6) and 106 (7) of the Constitution of Guyana. According to Article 106 (7)), “The Cabinet including the President shall resign if the Government is defeated by a vote of majority of all the elected members of the National Assembly.”
The Chief Justice denied Nandlall’s requests. But the case is being appealed by the Former Attorney General who claimed inter alia, that Justice George erred in law by failing to properly give a true interpretation to and give effect to the clear and unambiguous provisions of Article 106 (6) of the Constitution, commanding, mandating and requiring the resignation of the Cabinet, including the President, when the Government is defeated by a vote of majority of all the elected members of the National Assembly”.
He contends, too, Justice George failed to properly interpret the ruling of the Caribbean Court of Justice (CCJ) in the consolidated appeals related to the No Confidence vote.
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