By R. Joyclyn Wea
Liberia’s Minister of Justice, Frank Musa Dean has been declared wanted by the Civil Law Court following his refusal to abide by that court’s twenty-four hours ultimatum.
The Court on Monday, June 22, 2020 issued a writ of arrest for Cllr. Dean, Attorney General of the Republic of Liberia and APM Terminals Managing Director, George Adjei relative to a stolen container belonging to Agid Sarlu Complexe Aro Industries, De Dubreka situated in Conakry, Guinea.
The Court writ of arrest further order its sheriffs to detained these individuals at the nearest police station until the next day and be taken to the court that is if they are arrested after working hours.
This according to the court, is for them (Cllr. Dean and Ajei) to show cause if any why they should not be held in contempt after their deliberate refusal or failure to obey its order to retrieve the stolen container from Montserrado Group of Industries and return same back to the National Port Authority (NPA) as instructed in its June 18, 2020 ultimatum.
The Presiding Judge Kennedy Peabody of the Civil Law Court gives the Ministry of Justice and the Montserrado Group of Industries twenty-four hours ultimatum to produce an alleged stolen container in the position of the Montserrado Group of Industries and that failure to do so, could lead to them being arrested.
The Judge action was predicated upon a complaint filed by Agid Sarlu Complexe Aro Industries, De Dubreka situated in Conakry, Guinea through the Gongloe and Associates Law Firm accusing the MOJ of allegedly refusing to exercise its responsibility by ensuring that judicial scrutiny is conducted prior to releasing the container to Montserrado Group of Industries.
The law suit also cited section 2.51 (20) of the Liberian Commercial code which states that, “upon the transfer to the buyer of a bill of lading the goods are deemed to be delivered to the buyer, and title therein passes accordingly to buyer”.
It may be recalled that the Acting Justice Minister Nyenati on June 10, 2020 wrote the Managing Director of the National Port Authority him to lift his (Bill Twehway) temporary hold on the container and have it release to the container to Montserrado Group of Industries, which he did.
The letter copy of which is in the possession of this outlet reads: “We present our complaint and write to inform you on the effect that on the 4th day of May AD 2020 the Ministry of Justice requested your esteemed institution to hold on the delivery of the above mentioned container pending investigation.
It continues “The Liberia National Police conducted an investigation between Agid Sarlu, Slege Madina Dispensaire P. O Box 2827 represented of BAF Corporation and Montserrado Group of Industries Inc. relative to the ownership and or any criminal element surrounding the container.
Initially, Mr. Tuan on June 3, 2020 wrote a communication to the Montserrado County Attorney Cllr. Edwin Kla Martin to conduct an investigation and to ensure that the matter goes to court.
The letter indicated “having carefully pursued various attachments of the source documents and the investigation report inclusive of your findings and recommendation awarding ownership of container AXIU 47611 to Montserrado Group of Industries, I am constraint to advance the following concerns or observation.
The letter recommended that there exist a contract with an offer, acceptance and consideration to cancel same; it should be done by mutual consent through the court.
The communication alleges that the Guinean Company which is a party to this agreement, has made substantial payment amounting to three Hundred Six thousand seven hundred six dollars, forty -five cents (306,760.45) United States Dollars for the formation of the partnership.
Before Min. Tuan released order the Justice Ministry in Guinea wrote the Liberian Ministry of Foreign Affairs that in February 2018 the Agid Sarlu Complexe Industre, De Dubreka executed a partnership agreement with Aria Gida Katku Madd, Sanvet Tic, LTD, for the construction of a production plant in Conakry value at the cost of 302,800 which required (50%) capital contribution by each party.
Upon the signing of the partnership agreement which Agid Sarlu Complexe Industre, De Dubreka wired US$151. 400 which constitues its (50%) share in keeping with Article 1 (2) of the partnership agreement executed by the parties. The Guinean Company after transferring all the monies require to ship the container it was discovered that Aria Gida Katku Madd Sanvet Tic LTD, was consistently reneging and failing to live up to the terms of the agreement, including the procuring of four new brand machines, processing material, packages and other assorted raw material for which the company provided almost three hundred thousand United States dollars for which Aria Gida Katku Madd Sanvet Tic LTD did not provide its portion of the capital contribution, but the MOJ Official went ahead and ship old machines and two containers totaling about twenty nine thousand worth of goods.