The Court of Appeal, on Wednesday, heard oral arguments in the case filed by the Forward Guyana Movement (FGM) against the Guyana Elections Commission (GECOM), challenging a High Court ruling that upheld the party’s exclusion from contesting in Regions Seven, Eight, and Nine during the 2025 General and Regional Elections.
The matter was heard before Chancellor of the Judiciary (ag) Roxane George and Justices of Appeal Rishi Persaud and Naresh Harnanan.
Appearing on behalf of FGM candidate Krystal Fisher was Attorney Dr Vivian Williams, while GECOM was represented by Senior Counsel Anthony Astaphan and Arud Gossai. Attorney General, Anil Nandlall is the second named respondent in the case. He appeared and was assisted by Shoshanna Lall and Raeanna Clarke.
All parties filed written submissions earlier but were permitted to make oral arguments in support of their positions during Wednesday’s hearing.
Fisher’s notice of appeal argues that Chief Justice (ag.) Navindra Singh erred in law when he held that placing a political party on the ballot in a geographic constituency where it did not field candidates, stating that would undermine the constitutional objective of inclusivity and representation of smaller or more remote communities.
She also contends that he erred in ruling that the omission of the FGM and the Assembly for Liberty and Prosperity (ALP) from ballots in certain constituencies was lawful.
During the Wednesday hearing, the court heard that the appellant has not paid the costs awarded by the High Court. As such, the acting Chancellor noted that while the appeal will proceed, the appellant should not disobey the court’s order.
Fisher is asking the Appeal Court to set aside that ruling, declare that the omissions were unlawful and unconstitutional, and direct GECOM to ensure that all qualifying political parties are included on ballot papers in every geographic constituency for future elections.
Chief Justice Singh had ruled on August 29, 2025 that GECOM was correct to enforce the requirement that political parties submit candidate lists for every district they intend to contest. Since FGM and ALP failed to do so in the three regions they were excluded. Dismissing the case in its entirety, Singh said GECOM acted within the law.
At Wednesday’s hearing, Attorney Dr Williams maintained that the Appeal Court has full jurisdiction to hear the matter, describing it as one concerning constitutional rights rather than election validity.
He argued that the Chief Justice’s ruling reversed an essential right entrenched in the Constitution. According to Dr Williams, had Fisher requests been granted, the elections could have continued without leaving any residual constitutional question as to whether they were lawfully conducted.
Williams further argued that Fisher was disenfranchised, that her constitutional rights were violated, and that the exclusion amounted to discrimination. He also reminded the court that the matter was filed after members of the Disciplined Services had already voted, though he stressed that this did not take away from the constitutional issues raised.
Responding, Senior Counsel Astaphan described the appeal as “extraordinary,” stressing that FGM had simply chosen not to contest three regions.
“The political party made a decision not to contest three regions. There is no other explanation. The constitutional and statutory right in Guyana is to vote for options on the list. If there is no choice, then that’s their loss. Nobody will be denied of their right to vote. Every individual has the right to vote for other parties on the list,” Astaphan said.
Nandlall argued that the matters raised in the appeal fall squarely under the jurisdiction of an election petition and not the Court of Appeal.
“They seek to challenge parts of the elections, parts of the electoral process. The High Court or Appeal Court can’t deal with these matters. The decision of GECOM cannot be questioned. The case has no merit. It should have never been filed,” Nandlall argued.
Oral arguments concluded on Wednesday. The Court of Appeal is expected to deliver its decision on Thursday.
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