Govt. should be mindful of its disregard for rule of law in oil sector – Former EPA Head

Dec 23, 2023 Court Stories, ExxonMobil, Features / Columnists, News, Oil & Gas

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Kaieteur News – The Attorney General (AG), Anil Nandlall S.C last week issued a cautionary statement to Guyanese critical of the oil sector, as he claimed these were being used by the Venezuelan government to bolster its outrageous claims over Guyana’s sovereign territory.

His remarks were met with widespread condemnation and continue to be disarmed by citizens. On Thursday, former Head of the Environmental Protection Agency (EPA), Dr. Vincent Adams said it is the government that ought to exercise more caution in its actions relative to the sector, as these may be monitored closely by the country’s neighbour.

Dr. Adams, a Petroleum and Environmental Engineer was at the time appearing as a guest on the Oil and Gas Governance Network’s (OGGN’s) weekly radio programme, Oil Talk when he encouraged Guyanese to disregard the views promulgated by the AG and Legal Affairs Minister.

In fact he reasoned, “If it hadn’t been so serious it would have been just laughable. I want the Attorney General to identify one thing that anybody has said that can be used by (President Nicolas) Maduro in making his case. I want him to identify one, anything. Is it flaring, is it dumping of water, is it renegotiation? How is that…he is a Lawyer, let him go use that as evidence to bolster Maduro’s case, there is none.”

The former EPA boss believes the caution issued by the AG amount to nothing more than a hoax and distraction to the nation. He pointed out that it is the government that should be more mindful of its disregard for the rule of law in the management of the sector, particularly in its activities involving ExxonMobil, the operator of Guyana’s oil rich Stabroek Block.

In making his case, Dr. Adams highlighted that the AG on behalf of the government joined several cases to defend Exxon rather than team up with the citizens of this country to protect its patrimony. There are three such instances already; Dr. Adams highlighted the recent ruling of the High Court on full liability coverage for oil spills in the Stabroek Block.

He said, “This is the same Attorney General who has fought against his own rule of law and against his own regulations in the full liability coverage (from an oil spill) for the people. That’s what Maduro would use to say here; even our Attorney General is not even following the rule of the law of the country.”

Dr. Adams said these acts by government could most likely be used by Venezuela rather than the environmental cases filed by Guyana.

He continued, “I would love to hear the arguments in making that some kind of an evidence to bolster Maduro’s case, its absolute nonsense.” More concerning, the former EPA boss said the AG’s statements may be heading down a path of stifling free speech in the country.

He recalled that when High Court Judge, Justice Kissoon made a decision in the oil spill coverage case, both Vice President Bharrat Jagdeo and the AG were critical and complained of the ruling which was subsequently appealed. Consequently Dr. Adams said, “That’s what Maduro could be using because the people who are supposed to implement the laws of the country are going against their own laws.”

He argued that comments on the excessive flaring by Exxon are in line with international best practices while the lopsided terms of the 2016 Production Sharing Agreement (PSA) simply cannot be muzzled.

Further to that he reasoned, “I don’t know what are the arrangements Maduro has with Chevron and whichever company is running but I bet you its more than 14 and a half percent that he is getting so how is he gonna use that and say that we are arguing for more money? It’s the most stupid comment and that’s how we should be addressing it than giving any credence to it as though it means something.”

On Sunday, Kaieteur News reported that the AG issued a public statement in which he detailed that during the historic talks between President Irfaan Ali and President Maduro on December 14, 2023 in St. Vincent and the Grenadines, the Venezuelan Head of State was furnished with several volumes of documents extracted from the local media on the oil sector.

He explained, “Many would have seen that President Nicolas Maduro had with him at the meeting, several volumes of documents. Many of those were compilations of public statements made on this matter, critical commentaries on the operations of Esso Exploration and Production Guyana Limited (EEPGL) and the several legal proceedings filed in relation thereto – all extracted from the local media.”

He went on to note, “These are materials which Venezuela is using to bolster their narrative. Whatever weight is placed upon them, they certainly do not and will not assist Guyana in any form or fashion.”

The Attorney General therefore urged, “Those who wish to travel this road by making such statements, or taking such actions, must now become alive to this consequential reality.”

Notably, Attorney-at-Law, Christopher Ram on Monday also penned a letter in response to the statements made by the AG. He pointed out, “We do not criticise for its own sake, but to highlight the multitude of weaknesses in, and the egregiously poor oversight of the 2016 Petroleum Agreement. After years of tone deafness, commentators and the silent Guyanese are frustrated by the Government’s unwillingness to address any of the glaring deficiencies which result in serious loss of revenue to Guyana, each and every day.”

The Lawyer made it clear that Guyanese will not stay quiet on Exxon’s illegal and improper conduct in the country.

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