Reportedly, Nigel Hughes 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 is elected as the AFC’s leader that he is contesting, to which he 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 interestor potential conflict of interest is suffice; but its not. There are instances in which some conflicts of interest can be managed, and there are instances where some conflicts of interests 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, as it would appear, Mr. Hughes has presidential ambitions, viz-à-viz, his concoction and/or endorsementof the term “a consensus presidential candidate”, suggesting that he will, at the opportune time, impose himself to be the presidential candidate, either as part of the coalition of opposition political parties, APNU+AFC, or whether that party (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 that Mr. Hughes is affiliated with, 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 the principal owner of the firm or part owner of the firm.
Reflect for a moment that if the current Vice President or any of the current cabinet members of the incumbent government was involved in any type of business dealings with EMGL and the other oil and gas companies;the criticisms, and protestations against this would have been immensely intensified with the view of creating havoc in the political environment.
It is worth highlighting that should Mr. Hughes be elected as the AFC’s leader, then EMGL will be forced to terminate its contractual arrangement with his firm. To this end, EMGL is bounded by its internal Anti-Corruption policy in accordance with the US “Foreign Corrupt Practices Act”. Thereunder, EMGL is prohibited from conducting business with government officials, which is equally applied to candidates of political parties.
Against this background, it is not sufficient for Mr. Hughes to merely disclose his law firm provides legal services to the oil and gas companies, particularly EMGL. Mr. Huges would have to state, further to that, that once he is elected, that 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 their anti-corruption policies and the US Foreign Corrupt Practices Act. In the unlikely event thathe loses the election, his contestation for the candidacy of leadership of a political party, would nonetheless deem him to be a “Politically Exposed Person” (PEP), pursuant to the Anti-Corruption Laws.