Is Justice Delay, Justice Deny In Liberia? As Liberian Businessman Faces Injustice Over Foreigners

Despite numerous efforts by lawyers representing a Liberian businessman in the case involving the Monrovia Oil Trading Corporation (MOTC) owned by two Belgian businessmen and a Liberian businessman, Amos P.K. Brosius of the Ducor Petroleum Incorporated to seek justice on behalf of their client, Amos Brosius, information gathered by this news outlet has revealed that the Resident Chief Judge at the Commercial Court, Her Honor Eva Mappy Morgan has allegedly vowed to strangulate their client by delaying him justice.

According to our investigation, the two Belgian businessmen, Charles Carron and Krisman Leeman both of the MOTC who earlier openly declared to the court during series of trials: (Monrovia Oil Trading Corporation (MOTC) Versus Amos Brosius) that they had no share in Amos Brosius’ Ducor Petroleum Incorporated have been reportedly allowed by the Commercial Court Chief Judge Mappy to withdraw Thousands of United States Dollars from Ducor account with the reported approval of Chief Judge Mappy.

Documents in the possession of this outlet, also revealed that the Chief Judge of the Commercial Court at the Temple of Justice, Monrovia Liberia overruled earlier orders to the Liberia bank for Development & Investment (LBDI),while enforcing a writ of injunction against Amos Brosius in the name of Ducor Petroleum Incorporated.

In a communication to the LBDI, the Court ordered, “consistent with Agreement of the parties at a pre-trial conference held in the case (MOTC Vs Amos Brosius) the Commercial Court of Liberia is hereby depositing the below listed checks, which have been endorsed by the parties, in account No. 0221215153401 held in the name of Ducor Petroleum, Incorporated, housed at the Liberia Bank for Development & Investment (LBDI):

1.    Ecobank Check No. 2228685, valued US$2,190.00
2.    G.T. Bank Check No. 00216867, valued US$48,300.00
3.    Global Bank Liberia Limited Check No. 02326, valued US$13992.16
4.    G.T. Bank Check No. 00216867, valued US$48,300
5.    LBDI Check No. 152131, valued US$31,690.00
6.    LIBD Check No. 1094198, valued US$4,680.00 and
7.    Ecobank Check No. 2156761, valued US$63,552.20

The Court’s communication continue, “In view of the above, any and all transactions pertaining to the above-referenced Account I.e. deposits, withdrawal, checks, etc must be accompanied by a letter signed by the Chief Judge of the Commercial Court of Liberia, Her Honor, Eva Mappy Morgan, authorizing said transaction(s)”.

This communication was signed by the Clerk of the Commercial Court, Enoch S. Garlawolu.

Few weeks later, on July 23, 2013 another communication was sent to the President of the LBDI ordering the bank: “Reference to our communication of July 15, 2013, in which Her Honor, Eva Mappy Morgan, Chief Judge of the Commercial Court of Liberia ordered that any and all transactions pertaining to account No. 0221215153401, held in the name of Ducor Petroleum, Incorporated housed at the LBDI (i.e. deposits, withdrawals, checks, etc) be stayed; this Court hereby modifies the subject stay order to apply only to the value of the seven checks deposited (US212,704.36). Furtherance to the above, any and all other transactions pertaining to the above-referenced Account i.e. deposits, withdrawals, checks, etc, exclusive of the value of the seven checks deposited, are hereby returned to “status quo ante”; that is, all transactions pertaining to the aforementioned account excluding the value of the seven checks be returned to their previous state prior to our communication of 15 July, 2013,” this communication was issued to the bank by the Court.

Another communication to the President and CEO of the Afriland First Bank Liberia Limited from the Court with reference “Commercial Court Escrow Account No. 0001053041244 said, “By directive of her Honor, Eva Mappy Morgan, Resident Chief Judge of the Commercial Court, we kindly request transfer of the amount of Seventy Six Thousand Six Hundred United States Dollars (US$76,600.00) from the Commercial Court Escrow Account No. 0001053041244 established at your bank by this Court, into Account No. 002USD21215153401 in the name of Ducor Petroleum, housed at the Liberia Bank for Development & Investment (LBDI.”

Our investigation also revealed that following the issuing of these communications to these banks, huge cash was withdrew from the Ducor Petroleum Incorporated account by the MOTC management, reportedly upon the orders of the Court when in fact MOTC during series of pre-trail conferences declared that it had no share in Ducor.

The question that flips lips of dozens of Liberians who spoke to our reporter and have expressed their disappointment in the Country’s justice system, noted that it is frustrating for Liberians who have their country at heart are usually denied of their rights like in the case of Mr. Amos P. K. Brosius, General Manager of the Ducor Petroleum Incorporated who is now being strangulated for unfair justice.

Recently lawyers representing Mr. Brosius in a “Bill of Information” among other things, alleged that with the matter of ownership still pending, and up to the filing of their request, Charles Carron and Krisman Leeman have been in complete control of Ducor Petroleum, accusing Chief Judge Eva Mappy Morgan, one of the three-judge- panel of ‘being behind the action.’

The two other judges who are members of the panel that overruled Judge Eva Mappy Morgan's action are Associate Judge Chan-Chan A, Paeger and Richard S. Klah, Sr.

Carron and Leeman are also joint owners of the Monrovia Oil Trading Company (MOTC).

Knowing that the law establishing the Commercial Court prevents a single judge from deciding a case over a million United States dollars, Judge Morgan alone went ahead and decided the matter, which ruling was overturned by her colleagues, according to the Bill of Information.

Then in July 2013, Judge Morgan gave authority to MOTC to take over Ducor’s Liberia Bank for Development and Investment (LBDI) account in the amount of US$393,490.54 and the company’s total trade receivables as of July 2013, in the respective amounts of US$1,998,322.35 and US$3,489,078.65, the Bill of Information said.

Reversing her ruling, the unidentified two other judges said, “Now that the full panel had ruled that a single judge of the panel was without jurisdiction to take such action, it will be undermining the ruling of the court for said action to be in full force and effect.”

They added, “The preliminary injunction as ordered by the Chief Judge is void…and of no legal effect consistent with law. Where a Judge acts without jurisdiction, his judgment is a nullity and cannot be enforced.”

The Court in June 2013 ordered the parties not to do any business in the name of Ducor until it had established the legitimate owner of the company, Ducor Petroleum.

Our investigation continues.

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