The A Partnership for National Unity/Alliance For Change (APNU/AFC) Opposition has filed legal proceedings to remove Vice President Dr Bharrat Jagdeo from being a Member of Parliament in the National Assembly; and the VP has said he would respond to the move accordingly.
In a statement on Thursday, Opposition Chief Whip Christopher Jones and MP Tabitha Sarabo-Halley indicated they have filed an application in the High Court over what they say is the “prolonged absence” of VP Jagdeo from the National Assembly and from parliamentary sessions.
During his press conference on Thursday, when Jagdeo was asked about this matter, he said the matter of his removal from Parliament would have to be dealt with by the Speaker of the National Assembly, Manzoor Nadir.
Nevertheless, he indicated that he would be responding accordingly to the legal application filed by the Opposition.
“So, that’s a matter for the Speaker, and we’ll respond accordingly. So, we’ll deal with that accordingly,” Jagdeo has said.
Citing the Guyana Constitution and Parliamentary Standing Orders, the Opposition MPs have noted that good governance relies heavily on the active participation of all elected officials. They are claiming that VP Jagdeo has missed more than six consecutive sittings within the first parliamentary session, between 2020 and 2024.
Articles 54 and 156 1 (b) of the Constitution of Guyana and Standing Order 106 (2) of the Standing Orders of the National Assembly of Guyana provide that a seat of a Member of the National Assembly shall be vacated if that member is absent for more than six (6) consecutive sittings of the National Assembly within the First Session (2020-2024) of the Twelfth Parliament of Guyana, and within a period of no longer than two calendar months.
The application filed by the Opposition MPs states that VP Jagdeo was absent for eleven consecutive sittings of the National Assembly: from December 11, 2023 to February 1, 2024. This is within the First Session (2020-2024) of the Twelfth Parliament of Guyana.
According to the Opposition MPs, Jagdeo’s absence has been recorded in the Minutes of Proceedings of the 69th to 79th sittings of the National Assembly, which they said is a “conclusive recording” of the House. They say in the legal document that the Vice President was absent from sittings held on: December 11 and 19, 2023, and on January 15, 22, 23, 24, 25, 26, 30 and 31, 2024; as well as on February 1, 2024. Based on his absence during these 11 consecutive sittings, the Opposition MPs are claiming in the legal document, Jagdeo has not only ceased to be a member of the National Assembly, but, by virtue thereof, would also cease to hold the posts of Vice President, Minister of Government, and a Member of Cabinet.
In addition to these senior Government posts, Jagdeo is the General Secretary of the ruling People’s Progressive Party/Civic (PPP/C).
The application particularly urges the Court to consider the constitutional and legal implications of Bharrat Jagdeo’s absence from parliamentary sessions.
The legal challenge was filed by Attorney-at-Law Roysdale Forde, S.C., on behalf of Jones and Sarabo-Halley. It names the Attorney General, Speaker of the National Assembly, and Jagdeo as the first, second and third defendants respectively.
In the application, the Opposition MPs are asking the court to make several declarations, including that, as a result of being absent from the National Assembly for more than six consecutive sittings within the First Session (2020-2024) of the Twelfth Parliament of Guyana, and within a period of no longer than two calendar months, Jagdeo had vacated his seat in the National Assembly by virtue of the conjoint effect and operation of Articles 54 and 156 1 (b) of the Constitution of Guyana and Standing Order 106 (2) of the Standing Orders of the National Assembly of Guyana.
They also want a declaration that Jagdeo, by virtue of the conjoint effect and operation of Articles 54 and 156 1 (b) of the Constitution of Guyana and Standing Order 106 (2) of the Standing Orders of the National Assembly of Guyana, had vacated his seat in the National Assembly as a result of being absent from the National Assembly for more than six consecutive sittings within the First Session (2020-2024) of the Twelfth Parliament of Guyana, and within a period of no longer than two calendar months; and that, by virtue of Article 183 (2) of the Constitution of Guyana, he has consequently ceased to be a member of the Cabinet of Guyana, and can no longer hold the offices of Vice President and Minister of the Government of Guyana.
According to the Opposition MPs, “The application seeks to uphold the Constitution of Guyana and to secure the integrity of the parliamentary system in our beloved country – Guyana.”
