…for $2.3B in lands vested to eight companies after No-Confidence motion

GOVERNMENT will be taking legal action against former Finance Minister, Winston Jordan and former Chief Executive Officer (CEO) of the National Industrial and Commercial Investments Limited (NICIL), Colvin Heath-London for lands vested to private investors by the past administration after the historic passage of the no-confidence motion in December 2018.
Based on a list issued by the Attorney General’s (AG) Chambers on Sunday, lands valuing $2,383,390,759 were issued by the former administration to eight private investors, while only $64,623,276 was paid over, a mere two per cent of the consolidated total.

Among the eight companies listed are Caribbean Marketing Enterprise Inc.; Navigant Builders Inc; Cardiology Services Inc.; Premier Sales and Services; Supergraphics; American Marine Services Inc.; Guyana Oil Company Limited (GUYOIL); and BK Marine Inc.

The document showed that two of those companies, BK Marine Inc. and GUYOIL, were vested lands without an agreement, and, in GUYOIL’s case, no money was paid.
“It will be noted that except in one case, where ten per cent of the purchase price was paid, a mere fraction of the purchase price was paid but title was vested by former Minister of Finance, Winston Jordan,” said the AG’s Chambers.

Further, each of those titles were vested after the March, 2, 2020 general and regional elections, and each agreement of sale was entered into after the former A Partnership for National Unity + Alliance For Change (APNU+AFC) government was toppled by the successful passage of the no-confidence motion, which, essentially, ‘stripped’ them of their authority to enter into agreements of sale or vest titles.

“The Office of the Attorney General and Minister of Legal Affairs has sought and received independent legal advice on this matter and the advice is that Minister Winston Jordan and Mr. Colvin Heath-London have acted recklessly, in bad faith with full knowledge of the flagrant illegalities which have resulted in millions of dollars of losses to the State,” said the AG’s Chambers.
The advice received by the AG’s office referred to the precedential case of Marin v. Attorney General of Belize [2011]. The Caribbean Court of Justice (CCJ), in this case, conclusively ruled that the Attorney General could maintain a cause of action against two former ministers of the Belizean Government for the “tort of misfeasance” in public office, resulting from them transferring 56 parcels of state land to a company controlled by one of them. The court found that those parcels of land were sold below market value, deliberately, without lawful authority and in bad faith.
The Court went on to state: “is a matter of public policy, serious infractions by a public servant, such as misbehaviour in office, neglect of duty and breach of trust, are to be treated as crimes, subject to the right of any person or body of persons to recover damages for injury flowing from such misconduct.”
Accordingly, Attorney General, Anil Nandlall, believes that he could properly maintain an action for the offence of misfeasance in public office against Jordan, and the Director of Public Prosecutions (DDP) could similarly maintain criminal proceedings against the same individual.

THIS WEEK
As a result, the Attorney General will commence civil proceedings, this week, to, among other things, recover the said parcels of land and claim compensation against those implicated, including Jordan.

Additionally, each of these matters will be passed to the Criminal Investigation Department (CID), Guyana Police Force (GPF) and the Special Organised Crime Unit (SOCU), for their investigations and any consequential actions which may flow therefrom.

Nandlall was clear that no actions would be taken against companies that surrender their allotted lands to the State. Already, Navigant Builders, Corum Group, Cardiology Services Inc., Supergraphic, American Marine Services Inc and GUYOIL have voluntarily offered to surrender lands vested to them.
The Attorney General, however, committed to releasing information related to more infractions committed, allegedly, by Jordan and London. On Friday last, London was dismissed, with immediate effect, for alleged illegalities, misconduct and serious failures in performance.

It was reported on Saturday that a review of NICIL’s operations revealed several illegalities and failures by London in the performance of his duties. Some of the issues include the issuance of various leases of NICIL properties located in Peters Hall, East Bank Demerara without public tender, valuations, board approval and Cabinet approval among other derelictions.
The Attorney General has since written to SOCU and the Crime Chief to investigate a lawyer closely attached to APNU over the sale of State lands at Peter’s Hall, East Bank Demerara.