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Mar 24, 2021 News
Kaieteur News – Former Finance Minister Winston Jordan has filed an application asking the High Court to dismiss a lawsuit filed against him by the current government over the sale of lands to BK Marine Inc.
Jordan is contending that the action brought against him over the sale of river front property to BK Marine, “is politically motivated, actuated by bad faith, vindictiveness, spite, constitutes an abuse of power, is frivolous and vexatious, and or scandalous.”
In court documents drafted by attorney Roysdale Forde, SC, Jordan specifically claims “action is indicative of political harassment” over the March 2, 2020 General and Regional Elections. On those grounds, he is seeking to have the case thrown out.
Last month, Attorney General (AG) and Legal Affairs Minister Anil Nandlall, SC lodged a claim in the High Court seeking to overturn the contentious sale, which according to him should have been valued at $5B but was sold to BK for a fraction of that figure. The AG also listed the former CEO of National Industrial and Commercial Investments Limited (NICIL) Colvin Heath-London, and the Registrar of Deeds as defendants in the proceedings.
In addition to a court order to repossess the lands, the Attorney General has claimed damages in excess of $300 million against Jordan, Heath-London, and NICIL for loss and damages suffered as a result of negligence and/or breach of duty; loss and damages suffered as a result of conspiracy and/or breach of duty; and loss and damage suffered as a result of a breach of fiduciary duty.
That property situated at Mudlots 1 and 2, Lot F of Mudlots 3, and Lots A, B and D, North Cummingsburg was offered for sale to BK by then National Industrial and Commercial Investments Limited (NICIL) Chief Executive Officer (CEO) Horace James for $202,602,759.
However, BK had only paid $20,260,276, a mere 10% of the purchase price when it was vested to him by the then Minister of Finance Jordan on March 28, 2020.
During that time, the country was embroiled in a heated elections scandal. Taking this into consideration, the AG is contending that the sale was “illegal, unlawful, null, void, repugnant and contrary to public policy”.
He is also claiming that Jordan colluded with NICIL and acted in a negligent manner. Furthermore, the AG contended as well that the Finance Minister at the time had no legal power to act in such a manner. Notwithstanding the forgoing, the court documents outlined too that there were a slew of other breaches to BK’s contract. BK was initially leasing the property beginning December 4, 2006 for $10 million annually for a 20-year period with the option to purchase it at $110 million later on.
The agreement outlined that the property was meant to be used for the operation of a tourism/ office/ wharf facility and for the purpose of developing a state-of-the-art hotel.
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