Monrovia — The Supreme Court docket of Liberia has exonerated former Minister of Justice and Legal professional Normal Cllr. Frank Musa Dean of private legal responsibility within the long-running controversy surrounding a 53.3-carat diamond, ruling that the decrease court docket improperly enforced the Excessive Court docket’s mandate towards him.
In a decisive opinion delivered by Chief Justice Yamie Quiqui Gbeisay, Sr., the Supreme Court docket held that its earlier mandate didn’t identify or maintain Cllr. Dean personally accountable for restitution of the diamond or its financial worth, opposite to actions taken by the trial court docket.
“That within the immediate case, the Mandate in query ordered the Authorities of Liberia, by means of the Ministry of Mines and Power, to make restitution of the diamond or its financial equal,” the Chief Justice acknowledged.
“Nowhere within the Mandate or the Judgment of this Court docket was the informant personally named or held liable.”
The Court docket additional dominated that the invoice of knowledge filed to implement the mandate towards Dean was procedurally improper.
“WHEREFORE, AND IN VIEW OF THE FOREGOING, the invoice of knowledge not being the right plan of action, we nevertheless maintain that the trial court docket proceeded improperly within the enforcement of the Mandate of this Court docket,” the ruling declared.
Dean Responds: “Cease the Generalization”
Following the Supreme Court docket’s ruling, Cllr. Frank Musa Dean welcomed the choice and cautioned towards what he described as a rising tendency to criminalize public service in Liberia.
“Not everybody who serves in authorities is corrupt. Cease the generalization,” Dean stated.
“It’s changing into against the law to serve in authorities. Eventually, good folks will start to refuse public service, leaving the area open to deprave and unpatriotic people.”
Cllr. Dean, a former Minister of Justice and Legal professional Normal, stated the ruling vindicates his long-held place that he acted strictly inside the scope of his official duties.
He additional lamented what he described as a tradition of resentment and hostility, urging Liberians to embrace a extra constructive outlook.
“Too many Liberians are seething with hate, anger, envy, and jealousy. Domesticate optimistic power and cease utilizing your time and power to tear others down,” he stated.
Reflecting on his tenure, Dean famous that regardless of going through criticism from each inside and outdoors authorities, he remained dedicated to the rule of regulation.
“After I served as Minister of Justice, I used to be lambasted by all sides, however I remained steadfast,” Dean stated. “Pretty and transparently, I presided over the safety equipment throughout our current elections with none main incident.”
The Supreme Court docket’s determination now clears the best way for the Civil Legislation Court docket to proceed proceedings involving different events named within the matter.
Background of the Case
The dispute originates from a 2023 incident involving the invention of a 53.34-carat tough diamond in Smith City, Gbarma Mining District #2, Gbarpolu County.
Competing possession claims emerged between native miners T. David Sluward and Abraham Kamara, represented by former Solicitor Normal Cllr. Sayma Syrenius Cephus, and the Authorities of Liberia, which argued that the mining license for the declare had expired. Below Part 9.9 of the New Minerals and Mining Legislation of 2000, the federal government maintained that possession reverted to the state.
In 2024, the Supreme Court docket dominated in favor of Sluward and Kamara, recognizing them because the lawful homeowners of the diamond and mandating Choose Boima Kontoe to implement its judgment.
Nonetheless, Choose Kontoe’s enforcement order went past restitution. It directed the arrest and detention of a number of former officers, together with former Mines and Power Minister Gesler Murray, former Assistant Minister Emmanuel T.T. Swen, Diamond Sellers Affiliation President Mustapha Tounkara, Ishaka Conneh (alias “Bakut”), and appraiser Korvah Baysah, who have been jailed on the Monrovia Central Jail.
Supreme Court docket Clarifies Its Mandate
In its opinion delivered by Chief Justice Yamie Quiqui Gbeisay, Sr., the Supreme Court docket dominated that its mandate—arising from the judgment towards the Authorities of Liberia—couldn’t lawfully be enforced towards people who have been neither personally named nor adjudged liable.
Justice Gbeisay clarified that the Court docket ordered the Authorities of Liberia, appearing by means of the Ministry of Mines and Power, to make restitution of the diamond or its financial equal. The Court docket held {that a} invoice of knowledge was not the right mechanism for implementing private legal responsibility towards former officers.
Dean’s Authorized Argument
Dean had earlier petitioned the Supreme Court docket to halt enforcement of Choose Kontoe’s ruling, arguing that neither his identify nor the Ministry of Justice appeared wherever within the judgment being enforced.
“The judgment names the Minister of Mines and Power, his deputies, assistant ministers, administrators, and individuals appearing below their authority,” Dean’s submitting acknowledged. “At no level is my identify talked about, neither is the Ministry of Justice referenced.”
Dean additional emphasised that the Ministry of Justice’s position was restricted to offering a authorized opinion—primarily based on paperwork submitted by the Ministry of Mines and Power—that the mining license had expired.
“No additional opinion was issued, and no additional motion was taken by the Ministry of Justice,” he maintained.
He had additionally requested that Choose Kontoe, together with Sluward and Kamara, be cited to seem earlier than the Supreme Court docket to point out trigger why they shouldn’t be held in contempt for what he described as a misapplication of the Court docket’s mandate.
Diamond Dispute and Authorities Position
Dean’s argument relied closely on a January 3, 2023 press launch from the Ministry of Mines and Power, which detailed the disposition of the diamond. In response to the discharge, the vendor/exporter paid US$80,146.78 to the Authorities of Liberia, together with US$30,116.42 in royalty tax and a US$50,000 tremendous, imposed as a result of the diamond was bought from an expired mining declare.
Dean argued that this report demonstrates that the Ministry of Justice had no administrative or monetary position within the diamond’s sale and that its solely involvement was authorized recommendation.
He additionally referenced a Joint Safety Board of Inquiry established in April 2023, comprising representatives of the Ministry of Justice, Ministry of Mines and Power, Govt Safety Service (EPS), Armed Forces of Liberia (AFL), and the Nationwide Safety Company (NSA). The Board concluded that the diamond was found on a declare whose license had expired almost a yr earlier.
Authorized Significance
Authorized analysts say the Supreme Court docket’s ruling reinforces the precept that state legal responsibility can’t be transferred to people with out express judicial findings. The choice additionally clarifies the restricted scope of a invoice of knowledge and underscores the necessity for strict adherence to procedural regulation.
The ruling successfully ends makes an attempt to personally sanction Cllr. Frank Musa Dean within the diamond dispute, whereas leaving intact any restitution obligation that will relaxation with the Authorities of Liberia.
