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CCJ overturns Appeal Court decision to hear APNU/AFC’s dismissed election petition

The Caribbean Court of Justice (CCJ) on Wednesday ruled that the Court of Appeal (CoA) does not have the jurisdiction to hear the appeal filed against Chief Justice (ag) Roxane George’s decision, who dismissed APNU+AFC’s petition #99 over improper service.

The Court’s ruling came after Vice-President Bharrat Jagdeo, the General Secretary of the People’s Progressive Party Civic (PPP/C), and Attorney-General Anil Nandlall, SC, filed an application against the appeal.

On January 18, 2021, Chief Justice Roxane George dismissed election petition 99 of 2020, which Monica Thomas and Brennan Nurse filed over improper service on former President David Granger within the statutorily prescribed time.

Petition 99 of 2020 challenges the results of the March 2, 2020, General & Regional Elections and seeks to have Granger declared the duly-elected President.

On December 21, 2021, the COA handed down a majority 2-1 decision ruling that it has jurisdiction to hear the petition’s appeal.

The majority ruling was supplied by the Chancellor of the Judiciary, Yonette Cummings-Edwards, and Justice of Appeal Dawn Gregory, SC, while Justice of Appeal Rishi Persaud had a contrary judgment.

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