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Attorney General Anil Nandalall moves to High Court over recent Ruling by Speaker – 27th Nov 2012

In a move that does not come as a surprise, the Government, today, announced that the Attorney General, Anil Nandalall, has moved to the High Court over the recent ruling by the Speaker in the National Assembly, on the gagging Rohee issue.

The Attorney General has filed a motion asking the court to declare that the Speaker’s recent decision is unlawful, unconstitutional, ultra vires, in excess of, and without jurisdiction, contrary to the rules of natural justice arbitrary, capricious, null and void and of no effect”. He also wants a similar declaration over the Speaker’s decision not to recognize the Home Affairs Minister in the National Assembly while the matter is before that committee.

The Speaker Raphael Trotman and Opposition Leader David Granger are both named in the motion.

And there’s more, the Attorney General also wants the High Court to declare that the Privileges Committee has no jurisdiction to deal with or determine any issue remitted to it by virtue of the ruling by the Speaker.

Additionally, Nandall wants An Order setting aside, vacating, quashing or rescinding the decision and or ruling of the Speaker since according to the AG, it is unlawful and unconstitutional. He also wants the court to set aside and quash any decision that would come from the Committee of Priviliges on the matter even before the committee would have met or discuss the issue.

The Attorney General is also asking the court to grant an Order, directing the Speaker to permit Home Affairs Minister, Clement James Rohee, to not only perform his functions as an elected member of the National Assembly, but also as an appointed Minister of the Government of Guyana pursuant to the Constitution and the Laws of Guyana.

The Speaker last Thursday in his decision to send the issue to the committee of privileges  had made it clear that it was not the Minister he was sending before the committee, but rather the issue. He also at the time, put a hold on the motion brought by the opposition leader to debate the gagging of the Home Affairs Minister in the National Assembly, following that no confidence motion that was passed against the Minister.

The speaker at a later Press Conference had stated, that he was not worried about the statements from the Attorney General on the matter describing the AG, as someone with flare and no substance.

The Government was furious over the Speaker’s decision to send the issue to a committee of privileges.  That committee enjoys an opposition majority and the Government believes all the committee would do is set the stage for the Minister to be gagged since the opposition also has the majority in the full Assembly.

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