OPINION OF THE SUPREME COURT OF LIBERIA - JANUARY 10 2014

Friday, January 10, 2014

OPINION OF THE SUPREME COURT OF LIBERIA - JANUARY 10 2014

On Friday, January 10 2014, the honorable Supreme Court of Liberia, en banc, delivered the Opinion of the court in regards to the filing of the Appeal made by MLME and Government of Liberia to the Summary Judgment rendered by the Civil Law Court in Liberty’s favor on March 11 2011, in which the actions of MLME had been clearly adjudged as illegal, improper, irregular and unlawful. The Opinion of the Supreme Court was the result of a meticulous review of the case and the arguments put forth by both parties in light of due legal process and the substantive merits of the case.

It should be noted that in an Appeal hearing no new arguments or exhibits can be put forth by either party which were not raised in the Lower Court, and the Justices are limited in their determination to the facts of the case as already presented through an examination of the arguments and exhibits. As such, reader will note references in the Opinion that Liberty was delinquent on its license fee payments in the amount of US$280,000 but in actuality this was one of many erroneous assertions made by MLME and the government legal team during court process, when in actuality Liberty had clearly paid an additional US$200,000 to government treasury which government refused to credit them, even though the funds had been paid through the appropriate designated channel of Ministry of Finance complete with signed, numbered and dated receipts, after which all payment receipts were turned into MLME on several occasions as well as filed by Liberty as exhibits in the Lower Court, nevertheless, MLME and their defense in the form of Ministry of Justice still repeatedly refused to acknowledge the payments despite the irrefutable evidence that the funds had indeed been paid to government of Liberia.

Nevertheless, as reader will see, the opinion of the Supreme Court was based on a clear and well established fact of law that MLME and Government of Liberia had intentionally deprived Liberty of all its mineral licenses without giving Liberty the right to be heard and without due legal process which is a gross violation of the constitution of Liberia and the laws of Liberia.