CCJ rules two terms only for presidents of Guyana

PORT OF SPAIN, Trinidad, CMC – The Trinidad and Tobago-based Caribbean Court of Justice (CCJ) has ruled that an amendment to the Constitution that barred Presidents of the Republic of Guyana from serving more than two terms was valid.

In the ruling handed down on Tuesday, the court said that after examining the historical background of the amendment to the constitution of Guyana, it was noted that it was passed unanimously by the National Assembly during the administration of President Bharrat Jagdeo.

“The CCJ felt that it was clear that the amendment did not emerge from the desire of any political party to manipulate the requirements to run for the Office of President. The Constitution was amended after extensive national consultation and therefore represented a sincere attempt to enhance democracy in Guyana,” the regional court said. 

Guyana amended Chapter 90 of the Constitution to set presidential term limits and qualification for presidential candidates. 

The court case was brought by a private citizen, Cedric Richardson, who challenged the law on the basis that he should have the right to choose whomsoever he wanted to be President.  

He also stated that the amendment disqualified Jagdeo, who had previously served two terms as President, from running for office in upcoming elections.

Richardson argued that the amendment was inconsistent with his rights under Articles 1 and 9 of the Constitution which declared that Guyana was a “sovereign democratic state”. 

He said that in order for the National Assembly to amend the Constitution, the amendment had to be supported by a majority vote in a referendum.

He said that no referendum was held before the amendment in 2000 and therefore the amendment was unconstitutional. 

The High Court and the Court of Appeal agreed with  Richardson. 

They said that an essential feature of a sovereign democratic state was the freedom enjoyed by its people to choose whom they wish to represent them.

The Attorney General of Guyana filed an appeal which was upheld by the CCJ.

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