MONROVIA – The Ministry of Justice has contradicted President Joseph Nyuma Boakai’s remorseful acknowledgement of the wanton killings of three unarmed bystanders that were reportedly mistaken for protesters and shot and killed by the Liberian National Police during a peaceful protest on February 29, 2024 in Kinjor, Grand Cape Mount County.
President Boakai, while acknowledging receipt of a recent letter written by the Minister of Justice and Attorney-General, Cllr. N. Oswald Tweh, advising his office to pay the sum of US$5,000 each to the bereaved family, described the three unarmed protesters shot by the police as “victims.”
But the Ministry of Justice in its answer filed on behalf of the Government, Bea Mountain Mining Corporation (BMMC) and its two parent companies designated as co-defendants, denied the entire averments of the complaint regarding the killings of the three unarmed civilians.
But the Justice Ministry, as if reducing itself to a law firm, representing Bea Mountain and two of its parent companies against families of two of the deceased, denied the killing of the three unarmed civilians.
The Ministry, acting for and on behalf of the government, Bea Mountain, Avesoro Resources, Inc., and Avesoro Jersey Limited, wrote: “That as to the entire complaint of the Plaintiff, defendants deny the averments contained in all of the counts in the said complaint.”
Credible information gathered from the Civil Law Court and based on the Sheriff’s returns, revealed that the Management of Bea Mountain was duly served with the writ of summons in its capacity as a body corporate, while two of its parent companies based in Canada and the USA and is trading on the London Stock Exchange, which were not served with the writ of summons, were expected to be served by publication as in keeping with law.
Investigation conducted by this paper revealed that there is no legal instrument to demonstrate or show that Bea Mountain Mining Corporation (BMMC) and two of its parent companies based in Canada and New Jersey, USA which are not agencies of the Liberian government, and were sued in their individual capacities ever designated the Ministry of Justice to file a lawsuit on their behalf.
Our investigation further revealed that Under the New Executive Law of Liberia, the Ministry of Justice is the official legal arm of all agencies of the government, including official matters in which the Republic of Liberia is a party; and not a private concession or corporation which can sue and be sued as in the case of Bea Mountain and two of its parents companies.
The answer filed by the Government of Liberia for and on behalf of Bea Mountain and two of its parent companies against its own citizens from Kinjor, Grand Cape Mount County is signed by Attorney Enuch Garlawulo, a low-key prosecutor in the Ministry of Justice.
It is not known whether the signing of such a pleading by a low-key prosecutor is part of the strategy by the Ministry of Justice to test the water and see whether the ministry’s decision to represent Bea Mountain against the citizens of Kinjor will backfire.
Further information gathered is very scanty as to whether the Minister of Justice and Attorney-general is aware of the fact that the Ministry has now become a law firm for Bea Mountain and is obligating the Government of Liberia alone to a US$30m for special damages and US$50m for general damages lawsuit.
Whatever prompted the Ministry of Justice to suddenly become a law firm for Bea Mountain and two of its parent companies in a very action for damages for wrong where the government of Liberia is a Co-defendant remains unclear.
It is also noticed that in filing the answer, the Ministry of Justice appear to omit Avesoro Jersey Limited from the caption of the case even though the company is also a co-defendant in the matter.
However, insiders close to Bea Mountain have confided in The Analyst that Bea Mountain has been granted diplomatic immunity from all court precepts by the government as a consequence of the killings of the three unarmed civilians in order to ensure that it remains unanswerable to any legal action.
The families of two of the deceased are seeking the staggering sum of US$30m for the irreparable losses sustained as a result of Bea Mountain’s false alarm raised which led the Liberian National Police to use disproportionate force in killing the three unarmed civilians witnessing a peaceful protest in Kinjor, Grand Cape Mount County on February 29, 2024.
The complaint filed before the Civil Law Court at the Temple of Justice individually listed Bea Mountain, as first defendant, Avesoro Resources Inc., as second defendant, Avesoro Jersey Limited as third defendant and the Government of Liberia as the fourth defendant but in the answer filed by the Ministry of Justice, is designated as “defendants,” which means the Ministry of Justice is now representing the other three defendants against the families of the deceased.
The Executive Law – Title 12 – Liberian Code of Laws Revised, subchapter A, subtitled: “Organization of the Ministry”, section 22.2 says the duties and of the Minister of Justice shall be as follows:
(a) Procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the courts in which the Republic of Liberia or any officer thereof, as to such officer, is a party or may be interested; (b) Institute all legal proceedings necessary for law enforcement; (c) Furnish opinions as to legal Matters and render services requiring legal skill to the President and other agencies of the executive branch of the Government; (d) Oversee the codification of Liberian statutory law and the editing and printing of the Supreme Court opinions, and of such of the opinions of the Minister of Justice as he may deem valuable for preservation in book form; (e) Supervise the correctional system and the commitment and treatment of prisoners; (f) To the extent stated in the Aliens and Nationality Law, administer the laws relating to the admission, deportation, and naturalization of aliens, and the regulation of aliens within Liberia; (g) Supervise the activities of the National Bureau of Investigation, the National Central Bureau, and the National police Force;
(h) Oversee all Government activities relating to the prevention and control of fires; (i) Direct the administration of the Vehicle and Traffic Law.[7And subsection 22.4 defines the duties of the Solicitor-General as follows: (a) Prepare and argue before the Supreme Court all cases to which the Government of Liberia or any officer thereof, as such officer, is a party; provided that the Minister of Justice may himself conduct any case if in his opinion the interest of the Government requires him to do so; (b) Have immediate supervision of the conduct of all litigation involving the Government of Liberia, including the activities of the County, Territorial and District Attorneys.
There is nowhere in the law where the Minister of Justice and Attorney-General and Solicitor-General that being paid from taxpayers’ money are allowed to become private lawyers or to reduce the Ministry of Justice to a private law firm for any private entity or a concession company.
It is a conflict of interest to see the Ministry of Justice reduced to Bea Mountain’s in-house lawyer against the families of the two of the deceased, Essah Massaley and Abraham Kerkula who were murdered by the Liberian National Police based on false distress call made to the Government by Bea Mountain that its facilities were under siege by peaceful protesters holding placards.
Bea Mountain and its parent companies were sued in their individual capacities as first, second and third defendants together with the Government of Liberia as the fourth defendant. There is no showing or any legal instrument that Bea Mountain and its parent companies appointed the Ministry of Justice as their legal counsel.
As it stands, the Government seems to have weaponized the Ministry of Justice to engage in “lawfare” and to fight a proxy legal battle on behalf of Bea Mountain against the people Kinjor.
There is nowhere in the law where the Minister of Justice and Attorney-General and Solicitor-General that being paid from taxpayers’ money are allowed to become private lawyers or to reduce the Ministry of Justice to a private law firm for any private entity or a concession company.
It is a conflict of interest to see the Ministry of Justice reduced to Bea Mountain’s in-house lawyer against the families of the two of the deceased, Essah Massaley and Abraham Kerkula who were murdered by the Liberian National Police based on false distress call made to the Government by Bea Mountain that its facilities were under siege by peaceful protesters holding placards.
Bea Mountain and its parent companies were sued in their individual capacities as first, second and third defendants together with the Government of Liberia as the fourth defendant. There is no showing or any legal instrument that Bea Mountain and its parent companies appointed the Ministry of Justice as their legal counsel.
As it stands, the Government seems to have weaponized the Ministry of Justice to engage in “lawfare” and to fight a proxy legal battle on behalf of Bea Mountain against the people Kinjor.
All efforts to contact the Minister of Justice and the Solicitor General on their mobile numbers to find out from them as to whether they are aware that the ministry is representing Bea Mountain and its parent companies, proved fruitle up to press time.
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