Gaskin to move to CCJ after Court of Appeal rules Hess, CNOOC, do not need separate licences to operate

Dec 23, 2022 Court Stories, Features / Columnists, News

Kaieteur News – Social Activist, Ramon Gaskin has signalled his intention to appeal Wednesday’s Court of Appeal (CoA) ruling that Hess Guyana Exploration Ltd (Hess) and China National Offshore Oil Cooperation Guyana (CNOOC) do not need separate licences to engage in oil development and production given the licence obtained by their partner, Esso Exploration and Production Guyana Limited (Esso).

Social Activist, Ramon Gaskin

“Mr. Gaskin has instructed his Lawyers to appeal,” Melinda Janki, one of Gaskin’s Lawyers told Kaieteur News on Thursday confirming that the Social Activist will be moving to the Caribbean Court of Justice (CCJ) for final deliberation.

The CoA’s ruling stemmed from an appeal of Chief Justice, Roxane George – Wiltshire’s February 2020 ruling of a similar effect by Gaskin.

Gaskin had argued before the Chief Justice, and again on appeal, that Hess and CNOOC could not engage in oil exploration or production in Guyana because they had not obtained the requisite permissions.

Both the High Court and the Court of Appeal, however, dismissed these arguments, finding instead that since Esso Guyana, Hess and CNOOC were involved in a joint venture, they were covered under the permissions obtained by Esso.

In a statement, the Attorney General’s office said that “the effect of the CoA’s decision is that the companies’ activities, including oil production, may continue undisturbed.”

Janki told Kaieteur News, “It is a well established legal principle that AG [Attorney General] has no role in judicial review and they were not part of this case. They did however sit in the hearing.”

The parties in the case have been ordered to bear their own costs.

The Minister of Natural Resources was represented by Anil Mohabir Nandlall, SC MP, Attorney General and Minister of Natural Resources, Mr. Edward Luckhoo SC, Mr. Nigel Hawke, Solicitor General, Mrs. Deborah Kumar, Deputy Solicitor General, and Ms. Eleanor Luckhoo.

Mr. Andrew Pollard SC represented Esso Guyana, and CNOOC, and Mr. Nigel Hughes represented Hess.

Gaskin, was represented by Seenath Jairam SC, Melinda Janki, and Mr. Ron Motilall.