Opposition abusing judicial systems for political grievances – AG
Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall, SC, has highlighted the worrying trend of opposition operatives abusing the legal framework for political grievances, with Businessman Terrence Campbell demonstrating the latest manifestation.
Campbell has filed a judicial review application challenging the Government of Guyana’s management and transparency of the Natural Resources Fund (NRF).
He lists the Attorney General and the Senior Minister in the Office of the President with Responsibility for Finance and the Public Service, Dr Ashni Singh as respondents.
However, Minister Nandlall argues that this legal filing is merely designed to gain public attention and achieve political mileage, solely because they are opposed to the People’s Progressive Party/Civic’s manner of governance.
“The courts do not exist for the advancement of those objectives,” the minister firmly stated in his latest ‘Issues in the News’ programme.
He added “The courts are funded by taxpayers’ money to adjudicate and determine genuine legal issues between the citizens of this country and between the citizens and the state. They are not to feather people’s political nests and that is what these proceedings are about.”
Campbell’s filing is also asking the court to declare what the provisions of the Natural Resources Fund Act say.
Additionally, Campbell is inviting the court to make orders that will harm the separation of powers doctrine, the Attorney General said.
The separation of powers doctrine divides governmental authority into three distinct branches – legislative, executive, and judicial – to prevent any branch from wielding excessive power and to ensure accountability and freedom.
“They are asking the court to interfere with and worse yet usurp the functions of both the executive and the legislature. They are asking the court to direct the judiciary, to direct the executive on matters such as what is national priority and what are matters of national development priority. Those are matters within the domain of the executive,” the AG explained.
He reminded his viewers that it is not within the constitutional mandate of the court to direct how the executive or legislative branch of government works. That is the essence of the separation of powers doctrine, he emphasised.
It was highlighted that Campbell’s application fails to establish any violation of the act.
“These are people who have problems with the manner of governance. They have problems with the manner in which parliament is functioning. In other words, they have political grievances…And they want the court to adjudicate upon them,” he said.
Minister Nandlall reminded that politicians must not abuse the judiciary or any institution of state to prosecute their political opponents.
“It’s not a place where politicians play political football. And I hope that the courts will take an appropriate position on these matters,” Minister Nandlall stated.
The NRF is a legal framework that manages the country’s oil and gas revenues and ensures its sustainable and transparent use for national development.
It was initially enacted in 2019, but was strengthened further by the current government to enhance accountability and transparency.
