By Tiana Cole | HGP Nightly News
The Court of Appeal on Thursday dismissed a case filed by the Forward Guyana Movement (FGM) challenging the Guyana Elections Commission (GECOM) over its decision to exclude the party from the national ballot in three administrative regions during the September 1 General and Regional Elections.
The appeal, brought by Krystal Fisher of Region Nine on behalf of FGM, was heard by Chancellor of the Judiciary (ag) Roxane George and Justices of Appeal Nareshwar Harnanan and Rishi Persaud.
Delivering the ruling, Chancellor George stated that the application was filed less than two days before the Disciplined Services were scheduled to vote, and its nature effectively questioned the validity of the elections — a matter that, under Article 163 of the Constitution, can only be addressed through an election petition. Since the appeal did not meet this criterion, the Court held that it had no jurisdiction to hear the case.
Chancellor George also emphasized that the High Court had similarly lacked jurisdiction, noting that the case had proceeded on a false assumption that the judiciary could intervene in GECOM’s administrative decisions. She made clear that the constitutional and statutory framework of Guyana sets out strict procedures for such challenges.
As such, the Court concluded that the appeal had effectively reached its end, declaring that any further arguments on the issue would be “purely academic.”
The ruling affirmed an earlier decision by the Chief Justice, which found that FGM’s application was without merit. The Court held that ballot access and voting rights are constitutionally limited to parties contesting geographical constituencies, and that GECOM’s actions did not violate Articles 59 or 159 of the Constitution, which govern voter eligibility and registration.
The Court further reasoned that FGM was not denied ballot access but had chosen not to contest in all ten constituencies, thereby limiting its own representation. “This cannot be blamed on GECOM,” the Chancellor said, adding that FGM’s failure to field candidates in several regions disadvantaged its own potential supporters.
In her remarks, Chancellor George also confirmed that GECOM correctly applied the Representation of the People Act (ROPA) in preparing the ballots, criticizing the applicant for relying on isolated constitutional excerpts to support what she described as “misguided views.”
The Court dismissed the appeal as unmeritorious, ordering FGM to pay $1 million each in costs to GECOM and the Attorney General by November 14, 2025.
