Prominent Law Firms Go to Villagers’ Rescue -Asking High Court Annul, Set Aside GoL-Bea Mountain MDA

MONROVIA: Two major law firms, AFDASA Global and  Toun-Ya Legal Consultancy and Arbitration Chambers, have filed a petition  for a writ of prohibition at the Supreme Court of Liberia,  for and on behalf of the  villagers, community leaders, chiefs, elders  and residents of Ngojah Town, Tewor District, Grand Cape Mount County.

According to a release, the Petition was filed after a careful review of the grievances of the citizens, villagers, elders and community leaders, accusing the government of Liberia of illegally granting Bea Mountain concession on their private properties which were acquired from the government upon title deed.

The citizens are praying the Honorable Court to undo, annul, set aside, and to order the renegotiation of the Mineral Development Agreement(MDA) between Bea Mountain Mining Company(BMMC) and the Liberian Government.

The citizens’ petition stems from the fact that Bea Mountain Mining Company is a private entity, and the property that it has been consigned by the Liberian government as a concession, is also a private property which was deeded to the people by the Government of Liberia.

Though the 1986 Constitution and the statutory law of Liberia give the government the power and authority to expropriate private property for public use, the law provides for the payment of a   fair market price, something which the citizens alleged was never done.

 The citizens told both AFDASA Global and Toun-Ya Legal Consultancy and Arbitration Chambers that there is no evidence to prove that the government of Liberia ever expropriated their land and paid the fair market price prior to granting their land as a concession to Bea Mountain Mining Company.

The citizens have therefore instructed the two law firms to sue both the executive and legislative branches of the government, and to challenge them in open Court to show the law that they have relied upon to “illegally take private property and then gave it   to a private concession company without satisfying all of the constitutional and statutory requirements”.

An investigation  conducted revealed that the  Civil Procedure Statute provides  that whenever the  government decides to expropriate private property  for  only  public use, the   Legislature of Liberia by statute or joint resolution will  authorize the  work of a public or quasi-public nature to be done wholly or partly at public expense and will  direct the condemnation of private property for this reason will  in the same statute or resolution the annual budget a sum for the compensation of the owners of the real property which is to be wholly or partly condemned in such undertaking.

The citizens are challenging both branches in their petition to show whether or not the grant of concession to Bea Mountain on private properties conform to the laws of Liberia, accusing Bea Mountain of civil trespass by engaging in illegal land grab, pollution of river and streams and the indiscriminate detonation of dynamites and other dangerous explosive in its illegal acquisition of   1,572.9 acres of their land.

They are therefore calling on the high court to order Bea Mountain to place in escrow account all proceeds generated from their illegal mining activities on their land pending the full determination of the matter.

 In the petition, the citizens reminded the two branches of the Liberian government that the   purpose of constitutional expropriation of   private properties is for public use and not for the land to be given to a private concession like Bea Mountain that is using members of the Armed Forces of Liberia and riot police to commandeer private properties.

In the petition, the  citizens further   argued that   Article 7 of the 1986 Constitution( as amended)   devolves upon the Republic of Liberia, whose agents are the  legislative and executive   beaches of the Liberian Government, the right  to make and enforce laws and  “to adequately  manage the national economy and the natural resources of Liberia in such manner as shall ensure the maximum feasible participation of Liberian citizens under conditions of equality as to advance the general welfare of the Liberian people and the economic development of Liberia.”

 The citizens also accused the two branches of the Liberian Government of violating Article 8 of the 1986 Constitution that mandates the   Republic to direct its policy towards ensuring for all citizens, without discrimination, opportunities for employment and livelihood under just and humane conditions, and towards promoting safety, health and welfare facilities in employment.”

The citizens said they were never given the right of   first refusal as  legitimate landowners to vie for the Bea Mountain concession, instead, the government chose to     deprive them  of  the  opportunity  to provide for their own livelihood under just and humane conditions, because the   government did not take into consideration  their constitutional rights to manage and exploit  the resources of Liberia, and therefore, are praying   the high court to annul and  cancel the entire Bea Mountain Concession agreement  to create the enabling environment for renegotiation.

Meanwhile, the citizens have threatened other multiple legal actions for damages    against Bea Mountain   and its benefactors   to complement whatever judgment the high court may render.