Dear Editor,
Nigel Hughes reportedly disclosed that ExxonMobil Guyana (EMGL) and several of the oil companies are clients of his law firm.
This disclosure was made when he was asked about renegotiation of the 2016 Petroleum Agreement if he were elected as the AFC Leader, which he is now contesting. He had promptly responded that he cannot comment on that for the reason stated herein.
It would appear that Mr. Nigel Hughes believes that merely disclosing the above conflict of interest or potential conflict of interest is sufficient; but it’s not. There are instances in which some conflicts of interest can be managed, and there are instances wherein some conflicts of interest would have to be totally avoided. In this instance, the conflict of interest that Mr Hughes is or will be embroiled in would have to be totally avoided.
More interestingly, it would appear that Mr Hughes has presidential ambitions, as per his concoction and/or endorsement of the term “a consensus presidential candidate”, suggesting that he would, at the opportune time, offer himself to be the presidential candidate either as part of the coalition of opposition political parties APNU+AFC, or would do so if the AFC opts to contest the next General and Regional Elections solo.
For the reasons stated above, it would be absolutely and dangerously unethical for the law firm with which Mr Hughes is affiliated to continue its provision of legal services to EMGL and all other oil and gas companies. It would be outrageously unacceptable if he continues to do so.
Also, it doesn’t matter if he is principal owner of the firm or part-owner thereof. Think about this for a moment: if the current Vice President or any of the current cabinet members of the incumbent Government were involved in any type of business dealings with EMGL and the other oil and gas companies, the criticisms and protestations against that relationship would have been immensely intensified with the view to creating havoc in the political environment.
It is worth highlighting that should Mr Hughes be elected as the AFC Leader, EMGL would be forced to terminate its contractual arrangement with his firm. To this end, EMGL is bound by its internal anti-corruption policy to act in accordance with the US “Foreign Corrupt Practices Act” under which EMGL is prohibited from conducting business with Government officials, as this is equally applied to candidates of political parties.
Against this background, it is not sufficient for Mr Hughes to merely disclose that his law firm provides legal services to the oil and gas companies, particularly EMGL. Mr Hughes would have to state, further to that, that once he is elected, his firm would have to terminate all contractual arrangements with EMGL and other oil and gas companies.
If he doesn’t, EMGL would be forced to do so in order to be in compliance with its anti-corruption policies and the US Foreign Corrupt Practices Act. In the unlikely event that he loses the election, his contestation for the candidacy of leadership of a political party would nonetheless make him a “Politically Exposed Person” (PEP), pursuant to the Anti-Corruption Laws.
Sincerely,
Joel Bhagwandin
