The Caribbean Court of Justice will on Tuesday give its decision on a consolidated appeal which will bring a final resolution to a constitutional crisis caused by the passage of a no-confidence motion in Guyana's National Assembly in December, last year.
The eagerly anticipated judgment is expected to begin at the CCJ's headquarters at Henry Street in Port-of-Spain at 10 am, starting with a decision which will determine whether the appointment of Guyana’s Election Commission chairman breached the Constitution.
Immediately after, the CCJ will give its decision on three consolidated cases arising from December’s motion of no-confidence in the Government.
The case centers around the no-confidence motion in the coalition government led by President David Granger, which was passed by the 65 member assembly by a slim 33 to 32 majority on December 21, last year. The motion succeeded as former Government MP Charrandas Persaud controversially voted along with Opposition MPs based on moral grounds.
Following the motion, which effectively forced the Cabinet to resign and fresh elections to be held, Attorney General Basil Williams filed a High Court action against Opposition Leader Bharrat Jagdeo and Speaker of the National Assembly, Dr Barton Scotland, to determine if the motion was lawfully passed.
Persaud also filed an action challenging a subsequent decision to disqualify him as he holds Canadian citizenship.
Acting Chief Justice Roxanne George-Wiltshire first ruled that the motion was correctly passed although Persaud was illegally sitting as an MP due to his dual citizenship.
On March 22, the Court of Appeal overturned the judgment in a majority ruling which held that an absolute majority of 34 votes were required to pass the no-confidence motion.
Jagdeo is represented by a team of attorneys including Douglas Mendes,SC, Devesh Maharaj, Kandace Bharath, Anil Nandlall and Sanjeev Datadin.
Williams' legal team is being led by Eamon Courtenay, SC.