Guyanese Online

 Jul 31, 2020  Kaieteur News – By Kemol King

– Harmon says court erred, maintains only ‘valid votes’ count

Pres. David Granger

President David Granger has said that he will accept any declaration of the Chairman of the Guyana Elections Commission (GECOM), retired Justice Claudette Singh SC, CCH and that such acceptance is not conditional.

He was, at the time, responding to questions during the commissioning of the new Infectious Diseases Hospital, recently retrofitted out of the Ocean View Hotel property at Liliendaal, East Coast Demerara.

The question pointed to the President – leader of APNU+AFC – was, given the party’s stance on valid votes, whether he would accept a declaration which includes votes he considers invalid.   

To this, he responded “With respect, my statement on compliance with the declaration wasn’t conditional. I didn’t say if the rain is falling or the sun is shining. You know, if it comes by day or by night. I am obliged to observe the declaration of the Chairman of the Election Commission.”

The national vote recount shows that Granger’s coalition has lost its bid for re-election to government. The party has staunchly opposed and frustrated a declaration on the basis of the recount results. In response, the international community and large sections of the Guyanese community have called on Granger to concede.

Addressing his failure to concede, Granger reiterated an earlier statement, which held that he cannot concede, since no declaration has been made
“I pay attention to what the popular media say. As far as the groundswell is concerned, everybody knows… I’ve been saying over and over again that I will abide by the declaration by the Election Commission. I will abide by the rulings of the court. People can rightfully challenge a ruling if they disagree with it. Once the Court has finally ruled, we will obey the ruling of the Court.”

He said that the groundswell is not a legitimate statement of the law or the Constitution, and that he will follow the Constitution and the Court.
“I await the decision of the Commission,” the President said. “I cannot follow the groundswell.”

Meanwhile, there has been talk of declaring a state of emergency, some of which was engaged in by the President himself. A former Guyanese politician, Paul Tennassee, had raised a concern that such considerations would, in this context, function to consolidate dictatorship.

Asked about his position yesterday, Granger said that he has not contemplated the necessity for a state of emergency.

“All I’m saying is that over the last 20 [weeks], I have insisted that once the Chairman of the Election Commission makes a declaration, I would comply with that declaration. I don’t see how a state of emergency or the necessity for a state of emergency arises.”

He said he has insisted on credibility, but that he does not see what that has to do with a state of emergency.
Otherwise, the President has faced calls from more radical sections of the People’s National Congress (PNC) to cancel the elections, despite the fact that he has no authority to do so. Asked about this during yesterday’s briefing with the press, the President said that he is interested in having a declaration as early as possible by the Chairman.

“I don’t run the elections,” he explained. “The Chairman of the Commission and six Commissioners will determine the outcome of this process.”

The Court of Appeal yesterday handed down a unanimous ruling, dismissing an appeal in Misenga Jones vs. GECOM, which sought to set aside the results of the recount. The Court’s judgment is in direct opposition to the Granger coalition’s position. However, while Granger has said he will respect the Court, his campaign manager, Joseph Harmon, has cast aspersions on its integrity.

In a ‘reaction’ statement he made following the ruling, Harmon said, “While I did not expect much out of the Court of Appeal as constituted, I am still disappointed that the Court did not use this opportunity at this juncture in the history of Guyana to make a judgment which was sound in law.”

He said that the coalition is committed to the rule of law and respect for the decisions of the Courts, and iterated that “when the matter goes to GECOM that only valid votes will be counted in the final declaration made by the Chairman of GECOM.”

The coalition’s claims of fraud, made during the recount.  Any further investigation of their veracity must be handled in an elections petition. The High Court, the Court of Appeal, and the Caribbean Court of Justice (CCJ) have all dictated this in their judgments on election cases adjudicated during this election season. But Harmon insists that “fraudulent votes” cannot be the basis for a final declaration.
He said, “The Guyanese people will certainly examine in a more meticulous way the manner in which their justice system functions.”