Monrovia – Former Minister of Justice and Legal professional Normal of the Republic of Liberia, Cllr. Frank Musah Dean, Jr., has filed a Invoice of Info earlier than the Supreme Court docket of Liberia, difficult what he describes as an illegal try by a decrease court docket choose to carry him personally liable and order his arrest in reference to a long-running diamond possession dispute in Gbarpolu County.
By Willie N. Tokpah
Within the petition, filed on October 23, Cllr. Dean seeks the Supreme Court docket’s intervention towards His Honour J. Boima Kontoe, Assigned Circuit Decide of the Civil Regulation Court docket, Sixth Judicial Circuit, Montserrado County, and different respondents, together with the Sheriff of the Court docket, T. David Sluward, Abraham Kamara, and Mohammed “JR” Kamara, all holders of Class “C” mining licenses in Gbarpolu County.
The matter stems from the invention of a 53.34-carat diamond in Smith City, Gbarma Mining District Quantity Two, Gbarpolu County, in April 2022, which sparked widespread controversy and competing possession claims.
In keeping with the Invoice of Info, the diamond was discovered on a declare whose mining license had expired almost a yr earlier than the invention.
The Ministry of Mines and Vitality reportedly knowledgeable the Ministry of Justice that the license for “Declare #12F/Survey” expired on Might 25, 2022, and that the declare holders solely made fee for a brand new license on April 28, 2023, every week after the diamond was found.
Primarily based on this, the Ministry of Justice, below Dean’s management on the time, suggested that the diamond legally belonged to the Authorities of Liberia, as mineral rights below expired licenses revert to the state below Part 9.9 of the Minerals and Mining Regulation (2000).
Cllr. Dean cited Article 22(b) of the 1986 Structure of Liberia, which states that personal property rights don’t lengthen to mineral assets beneath the land, emphasizing that the Authorities ought to have been the vendor of the diamond and the proceeds deposited into nationwide income.
In August 2024, the Supreme Court docket of Liberia, in an opinion delivered by Chief Justice Sie-A-Nyene G. Yuoh, dominated that the diamond be returned to the miners, T. David Sluward and Abraham Kamara, or that they be paid its honest market worth.
Nevertheless, the Court docket clarified that the right social gathering within the case was the Authorities of Liberia, by and thru the Ministry of Mines and Vitality, not particular person ministers or brokers of presidency businesses.
Regardless of this clear distinction, the Civil Regulation Court docket, presided over by Decide Kontoe, allegedly tried to implement the judgment towards Cllr. Dean and different former officers, together with former Mines Minister Gesler Murray, and officers of the Diamond Sellers Affiliation of Liberia.
“Travesty of Justice”
In his petition, Dean strongly objected to the Civil Regulation Court docket’s actions, describing them as a “travesty of justice.”
He said that he was by no means served discover of a court docket convention scheduled for September 29, but the presiding choose issued a ruling dated September 26, ordering his arrest and that of different people, together with former Assistant Minister Emmanuel T. T. Swen.
“How is it that the choose dominated on September 26, reassigning the matter to September 29, and but delivered a ruling dated the identical day ordering arrests?” Dean questioned in his submitting, suggesting that no listening to was ever held.
Cllr. Dean argued that as former Legal professional Normal, he acted inside his statutory and constitutional authority in offering a authorized opinion to the Ministry of Mines and Vitality.
He maintained that the Minister of Justice can’t be held personally answerable for official authorized recommendation rendered to authorities businesses.
Citing Article 21(i) of the Structure, Dean emphasised that the lawyer-client relationship is inviolable, and attorneys are immune from authorities sanctions or punishment for performing their skilled duties.
He additional argued that he was by no means a celebration to the unique case and due to this fact can’t be sure by its judgment.
The Authorities of Liberia, not particular person officers, is accountable for satisfying the Supreme Court docket’s judgment.
The case is civil in nature and never one for which people will be imprisoned below Part 44.71(2) of the Civil Process Regulation.
Request to the Supreme Court docket
Dean’s Invoice of Info requests the Supreme Court docket to carry Decide Kontoe and others in contempt for trying to irregularly implement the Court docket’s mandate; limit the Civil Regulation Court docket from holding him personally accountable for his official authorized opinion; affirm that solely the Authorities of Liberia, via the Ministry of Mines and Vitality, is liable to fulfill the judgment; and restrain any additional arrests or enforcement actions towards him or different people not social gathering to the unique swimsuit.
The Invoice of Info is co-signed by Cllr. J. Johnny Momoh, with Cllr. Dean is representing himself.
The case underscores the rising pressure between the judiciary and govt officers over accountability for official choices and the extent of ministerial immunity in Liberia.
It additionally highlights ongoing challenges within the governance of the mining sector, the place overlapping claims, license expirations, and administrative lapses have incessantly led to disputes over useful resource possession.
Because the Supreme Court docket prepares to assessment the petition throughout its October Time period, A.D. 2025, authorized observers say the result may set a major precedent for ministerial legal responsibility and the enforcement of judgments involving the Authorities of Liberia.
