“Terribly Disappointed”

MONROVIA-Days after receiving copy of the Monrovia Oil Trading Company (MOTC) petition for insolvency (bankruptcy), a Liberian businessman Amos Brosius, is not taking the request lightly, and has written Chief Justice Francis Saye Korkpor about the matter.

Addressing journalists covering the Supreme Court, Brosius said that he is “terribly disappointed” that, while the Judiciary Inquiry Commission (JIC) recommendation for punishment for MOTC and Judge Eva Mappy Morgan, illegal withdrawal of over US$3million from the Ducor Petroleum’s escrow account was still pending on appeal at the Supreme Court, for the oil company, to declare itself insolvent (bankrupt), on August 31,2021, about a month, after the JIC’s recommendation was submitted to Chief Justice Korkpor.

In his letter dated July 8, 2022, Brosius asked, Justice Korkpor to ensure that penny that was withdrawn from the Ducor Petroleum’s escrow account at the Liberia Bank for Development and Investment (LBDI) be returned forthwith to the said account. Because, according to the letter, the JIC’s recommendation left the over US$3million aspect of the recommendation for only the Supreme Court to make that determination.

Further to his letter, Brosius recommended for the lawsuit for Accounting for petroleum products MOTC supplied to Ducor Petroleum’s general manager, Amos Brosius lawsuit, be forwarded to another court, for completion, only after the over US$3million illegally withdrew from the escrow account had been returned to that account.

Therefore, the letter added, the Commercial Court should not hear any aspect of the MOTC’s petition for bankruptcy, unless the JIC’s recommendation is properly addressed.

In conclusion, Brosius’ letter said, “this request is made in good faith for the court to respect the agreement of the parties to have all funds in the name of Ducor Petroleum Incorporated, placed in the escrow account pending the final determination of the petition for accounting, that was accordingly, ordered by the court, and to let the matter be completed in a court, where the judges are neutral.

In 2020,  Chief Justice Korkpor directed the JIC to conduct an investigation into Brosius’ accusation that Judge Morgan relied on a communication dates July 22, 2013 from the MOTC, to illegally withdraw from his contentious Ducor Petroleum’s escrow account the amount over US$3million from the Liberia Bank for Development and Investment (LBDI).

A few months later, in 2021, the JIC concluded with Morgan’s and the MOTC’s investigation and held the judge liable for ethical breach, before recommending to Chief Justice Korkpor to have her suspended for a period of one year without pay and benefits.

The MOTC was held liable for colluding with the judge, but, the JIC only recommended for legal action to be taken against the oil company.

The money was placed in the escrow account when the parties, MOTC and Brosius agreed for Judge Morgan, current Chief Judge of the Commercial Court, to have it frozen, until the lawsuit for accounting, to account for Petroleum products, MOTC supplied to Ducor general manager, Amos Brosius was resolved.

Brosius had repeatedly claimed that without his consent and knowledge, and in violation of their agreement, Judge Morgan, a day, after the MOTC’s communication, she unfroze the Ducor’s escrow account, and subsequently allowed MOTC to have access to the account, and subsequently depleted it.

This complaint was filed to Justice Korkpor’s office, in 2015. The money was deposited into the Ducor’s account and placed under the custody of the Judiciary and Judge Morgan, and to only be touched, only after the conclusion of a commercial lawsuit that was between Brosius and his partner, the Monrovia Oil Trading Company (MOTC), in June 2013.

However, while the case was still pending undecided before the court, the JIC said, Judge Morgan, on July 24, the same year, unilaterally lifted the freeze on the Ducor’s account, in favor of the MOTC party, which led to the depletion of the account.

The money was as a result of a commercial dispute between Brosius and his partner, the Monrovia Oil Trading Company (MOTC), of which the parties, Brosius and the MOTC agreed to freeze the Ducor’s account, pending the outcome of the case.

But, without the consent and knowledge of Brosius, Judge Morgan, on July 24, 2013, unilaterally wrote Mr. John Davis, the president of the LBDI, the JIC report says.

Unfortunately, on July 22, 2013, just seven days (July 15), after the court froze the account, Counselor T. Negbalee Warner, the lawyer for the MOTC party, wrote the court to unfreeze the account and subsequently allow the company’s management to have access to the Ducor’s escrow account, because, according to Warner, the imposition and continuation of the stay order cannot permit any of the transaction required to continue with the effective operation of the Ducor.

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