Apart from the People’s Progressive Party/Civic’s (PPP/C) inner circle, Guyanese were surprised to learn the Government secretly approached the Caribbean Court of Justice (CCJ) to reverse the Court of Appeal’s decision disallowing the state from enjoining the case of ExxonMobil’s appeal of the decision to guarantee insurance coverage for oil spills.
In the story broke by Kaieteur News, on 29th February 2024 Attorney General and Minister of Legal Affairs Anil Nandlall, S.C approached the CCJ to reverse the Appeal Court’s decision. On 19th December 2023, the Court unanimously rejected Nandlall’s request to join the case of Godfrey Whyte and Frederick Collins to have ExxonMobil provide unlimited liability coverage. Collins and Whyte are represented by Seenath Jairam S.C and attorneys Melinda Janki and Abiola Wong-Innings
Village Voice News reached out to Shadow Attorney General and Minister of Legal Affairs Roysdale Forde S.C for a comment on the matter. Forde said the government’s decision continues to prove it is not committed to the Guyanese people and the prudent management of Guyana’s resources. The senior counsel said, whilst as a citizen and officer of the court he respects the right of every citizen and organisation to due process via the judicial system, Guyanese must ask when the court has ruled in its favour why the PPP Government is pre-occupied with denying justice to the people.
According to Forde, who shadows Nandlall’s portfolio in the National Assembly, the Attorney General rather than being a protector of the people via the law, is using the state’s resources to oppress justice to favour a few. The senior counsel said if ExxonMobil feels aggrieved by the Court’s decision it could take its grievance to the last court of resort, which is the CCJ. However, the Member of Parliament (MP) said what he finds “most disturbing is the government’s position of seeking to influence an outcome that could rob Guyanese the protection we need in the event of an oil spill.”
Going further, the MP stated the Irfaan Ali administration is refusing to learn from the most recent disaster that occurred in Trinidad and Tobago, where an oil tanker sunk off the shore of Tobago resulting in serious environmental destruction that could adversely impact the islands’ quality of life for years to come. The MP advised that “we must learn from others’ experiences.” Last February the fuel tanker carrying hundreds of thousands of gallons of fuel capsized leaving the twin-island republic still grappling the consequences.
The senior counsel said on the entire issue of managing oil and gas the PPP has betrayed Guyanese every step of the way. He outlined this began with the refusal to honour its 2020 campaign promise to renegotiate the oil contracts inspite support from the opposition and members of civil society; the corrupting of the Natural Resource Fund giving the PPP unfettered access to withdraw money and spend recklessly.
The MP also highlighted the disputed US$214 million in audited oil revenue, for period 1999-2017 which has been reduced to approximately US$ 3 million, denying Guyana in excess of US$200 million. The shadow minister said he still awaits response from the Commissioner of Information Charles Ramson S.C who he wrote last October requesting information on Mr. Gopnauth ‘Bobby’ Gossai, Senior Petroleum Coordinator in the Ministry of Natural Resources.
Forde told this publication he believes Exxon could uphold its responsibility as a corporate entity in respecting national and international laws and good business practices if the Government of Guyana joins with the Guyanese people and insist on these values.
According to KN, the CCJ instructed the Guyana Government to file and serve written submissions and a list of authorities on or before 11th March 2024, and the respondents on or before 25th March 2024. Nandlall was also granted until 1st April 2024 to file and serve written submissions in reply, if needed.
