What Are the Real Facts Surrounding MOTC/Amos Brosius Endless Legal Battle? – GNN Finds Out Part I
Due to its impartiality, GNN-Liberia, a local news agency has made available its independence to professionally investigate the landmark case between a legally registered the Monrovia Oil Trading Company (MOTC) and a Liberian businessman, Amos P.K. Brosius on one hand, and the Ducor Petroleum Incorporated on the other, regarding the actual facts surrounding the longstanding legal battle between both companies, a drama that has now entered its third or more years.
Over the years there has been a very serious legal battle between the two groups; with conflicting report as to who is in the wrong or right, a situation that drew the attention of this outlet to professionally launch an impartial investigation, paving way in getting the actual facts on this matter in order for the public and the international watchdogs in order to get the clear picture as per this legal battle.
It has been reported in this case that three million United States Dollars has reportedly been ordered withdraw by the Chief Judge Eva Mappy Morgan of the Commercial Court of Liberia by one of the complainants (MOTC), but this allegation has been denied by the accused Chief Judge.
The allegation by the complainant (Amos Brosius) drew the attention of the Judiciary Inquiry Commission to launch an investigation regarding the alleged withdrawal misapplication of the money in question, despite the denial by the Chief Judge of the Commercial Court of Liberia, Eva Mappy Morgan.
As part of its professionalism as a media entity with moral rectitude, the GNN-Liberia took up the task as an independent media outlet to revisit this landmark case regarding the real truth about the case, and as to who is to be blamed.
Recently the Judiciary Inquiry Commission (JIC) is a body constituted by the Supreme Court of Liberia to investigate complaints of ethical violation by magistrates and judges and to submit its reports to the Supreme Court through the Chief Justice. One of such is a complaint of Mr. Amos P. K. Brosius, Sr. (Complainant) is one such complaint filed against the Chief Judge of the Commercial Court, Eva Mappy Morgan.
With this, GNN investigation has gathered some basis facts regarding the tussle between Amos Brosius and the Monrovia Oil Company, gathering hidden facts about the reported missing millions from the MOTC/Ducor account, and as to who owns the greater share in the Ducor Petroleum Incorporated, or what went wrong that led to this longstanding legal battle.
According to GNN-Liberia investigation, on September 7, 2005 a Memorandum of Understanding (MOU) was entered into by Cyril Jones party of the first part, Amos Brosius party of the second part, and the Monrovia Oil Trading Company (MOTC), party of the third part.
In this MOU, the parties involved agreed to restructure the shares of Ducor Petroleum Incorporated in order to give the third party (MOTC) which is the financier of the venture ninety percent (90%) ownership in the corporation, while at the same time, the parties agreed for the second party (Amos Brosius) to maintain his ten percent (10%) share in Ducot Petroleum Incorporated to head the management of the corporation and receive payments and benefits for the effective management of the corporation.
According to the investigation, in the MOU which was signed by all parties, the parties also agreed to open an account at the Liberia Bank for Development and Investment (LBDI) for what they called proper accountability, with this all parties concerned attested their respective signatures to the MOU which made it at that time to be effective and legal, according to the investigation has fallen apart during to some reasons beyond the control of the administration.
Officials of the MOTC who spoke to our staff said as far they are concerned that Bank Statement from LBDI has clearly showed that under Amos Brosius’ administration there was no US$3,000,000 ever deposited at the LBDI on account of Ducor Petroleum Inc.
They alleged that Amos Brosius’ claim that Diesel product supplied by Ducor Petroleum to BWI in 2012 was attributed to a supply made by his private company, the Joy Corporation.
One of the officials, James Sirleaf who spoke to the GNN said Amos Brosius accused him of receiving US$1,000,000 from MOTC in compensation in order to make the political tide favor them, noting, “This is a total falsehood, and most people who know me would know that his accusation is untrue. I don’t need no $1,000,000 from Charles Carron; this is a small money,” Mr. Sirleaf in a rather angry mood told the GNN.
“Mr Brosius in his attempts to deceive the public and win favor for the very injustice that he has committed to those very people who helped him is notable and regrettable as perhaps Liberian businesses will never be trusted by major investment business entities in future. It is a crushing blow to development,” he told our staff in an exclusive interview.
On the issue of Ducor Petroleum account closure, Mr. Sirleaf again said, “Amos Brosius and MOTC, as parties in the suit never agreed that Ducor account be closed or frozen, and Judge Mappy Morgan’s order concerning the account never asked that it be frozen, but that no operation would take place without court’s order.”
He said MOTC politely informed the court that this order was neither an agreement of the parties nor the result of any preliminary injunction prayed for by Mr. Brosius and for which he had provided an appropriate bond, adding, “At a conference called by the judge in response to MOTC’s letter, Mr. Brosius’ lawyer and the court conceded the merit of MOTC’s case and Judge Mappy Morgan’s order was appropriately modified, with the mutual agreement of the parties that the amount of US$212, 704.3 representing the combined value of some checks deposited in the account be escrowed at Afriland Bank in order not to be used unilaterally by MOTC.
At the written request of Mr. Brosius, to which MOTC did not object, the amount of US$ 212, 704.3 escrowed at Afriland Bank was used to pay cost of the audit mutually agreed by the parties and performed by PKF under the supervision of the Commercial Court,” he noted.
He said Ducor’s bank account at LBDI has had no deposit of funds except those from products supplied to Ducor by MOTC, which he added include even the US$212,704.3 that was withdrawn and escrowed at Afriland.
“Ducor’s account is a corporate account, and not a personal account. References in media reports and Mr. Brosius assertions of MOTC’s operating “his” account is therefore wholly unfortunate and nothing more than a deliberate campaign to defame MOTC and probably Judge Mappy Morgan and the Liberian judiciary.
Read more of this article in our subsequent positing