This was Published on June 22, 2020<\/p>\n\n\n\n
Dear\nEditor,<\/strong><\/p>\n\n\n\n There\nappears to be a mistaken view that any decision by the Court of Appeal in the\ncase brought by Eslyn David seeking to stop the declaration of the results of\nthe March 2 elections is unappealable. That view is simplistic and wrong. Put\nshortly, the view is that the term \u201cexclusive jurisdiction\u201d used in Article 177\nto describe the powers of the Court of Appeal, makes any decision by it\nunappealable.<\/p>\n\n\n\n Holders\nof that view may even consider that section 4 (3) of the Caribbean Court of\nJustice Act supports their position. That sub-section contains another\nexclusion of jurisdiction with the following words: \u201cNothing in this Act shall\nconfer jurisdiction on the Court to hear matters in relation to any decision of\nthe Court of Appeal which at the time of entry into force of this Act was\ndeclared to be final by any law.\u201d In other words, cases before the CCJ Act came\ninto force constituted settled law and outside of the reach of the CCJ.<\/p>\n\n\n\n The\nsituation changed radically after the Act came into force, opening the doors of\nappeal from a wide array of cases and matters. Exclusivity was no longer\nassured as Article 133 of the Constitution makes clear. That Article provides\nthat \u201cParliament may make such provision as it deems fit authorising any court\nestablished or to be established, as the final court of appeal for the\nCaribbean to be the final court of appeal for Guyana.\u201d<\/p>\n\n\n\n And\nParliament did just that. Section 6 of the CCJ Act states that \u201can appeal shall\nlie to the [Caribbean] Court from decisions of the Court of Appeal as of right\n(emphasis added) in [among other things], any civil or criminal proceedings\nwhich involve a question as to the interpretation of the Constitution or in in\nany proceedings that are concerned with the exercise of the jurisdiction\nconferred upon the High Court relating to redress for the contravention of the\nprovisions of the Constitution for the protection of fundamental rights.\u201d<\/p>\n\n\n\n In\nmy view therefore, there is no question that any decision by the Court of\nAppeal in the David case is appealable to the CCJ as of right. <\/p>\n\n\n\n Yours\nfaithfully,<\/strong><\/p>\n\n\n\n Christopher\nRam<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" This was Published on June 22, 2020 Dear Editor, There appears to be a mistaken view that any decision by the Court of Appeal in the case brought by Eslyn David seeking to stop the declaration of the results of the March 2 elections is unappealable. That view is simplistic and wrong. Put shortly, the … <\/p>\n