A Liberian businessman, Amos Brosius, is requesting Chief Justice Francis Korkpor to make sure that his company’s US$3 million is returned by the Judiciary before Korkpor's retirement in September of this year.
The disputed US$ 3 million was placed in an escrow account at the Liberia Bank for Development and Investment (LBDI), managed by the Judiciary through the Commercial Court. It was placed there after both Brosius and the Monrovia Oil Trading Company (MOTC) could not agree to the management of Ducor Petroleum Incorporated.
However, the Judiciary Inquiry Commission (JIC), in its investigative findings, said the Commercial Court Chief Judge, Eva Mappy Morgan, colluded with the MOTC to deplete the Ducor account. The JIC's recommended for the Supreme Court justices to suspend Judge Morgan for a period of one year without pay and benefits.
Addressing journalists assigned to cover the Supreme Court recently, Brosius maintained that Justice Korkpor has deliberately refused to address the JIC findings.
“If Justice Korkpor wants a peaceful retirement, he should make sure that he speaks on the matter. And, to find a peaceful resolution by demanding the judiciary that he heads is responsible for the depletion of the Ducor escrow account,” Brosius emphasized.
Brosius’ request came after he presented a letter to Chief Justice Korkpor, regarding the return of the money. Brosius’ letter is triggered by information circulating around the Temple of Justice that the Supreme Court justices have resolved to exclude the judiciary from the return of the money.
According to the information, the justices were interested in punishing Judge Morgan, as recommended by the JIC. Brosius claims that prior to the depletion of the Ducor’s account, he personally informed Chief Justice Korkpor that Judge Morgan and the MOTC were withdrawing from the escrow account, contrary to their arrangements.
Brosius said he and the MOTC had agreed for the money to be kept by the judiciary, pending the outcome of the commercial case, between the two.
“Even I showed the chief justice the LBDI account number 02221215153401 in the amount of US$212,704.36, which Judge Morgan issued to the bank in the name of the judiciary, but still he refused to take any decisions. Are they going to say that the judiciary is not responsible for the depletion of the money?” Brosius wondered.
Brosius’ concern is also in reaction to the August 31, 2021 petition for bankruptcy filed by MOTC to the Commercial Court, declaring it bankrupt.
"The Supreme Court should wait until MOTC can declare itself bankrupt before deciding for me to take it to court. Is this justice?” Brosius wondered. I will not accept any decisions about me filing a lawsuit against MOTC that has declared itself bankrupt.”
The MOTC petition for Insolvency (bankruptcy), filed on August 31, 2021, argued that it has no means of meeting its obligation to many of its creditors. Therefore, they want the court to declare them bankrupt. They claim that the company’s bankruptcy was discovered when Crowe Liberia LLC, on December 31, 2020, conducted an audit of the entity's financial statements.
“Our total liabilities are higher than the total assets and the operating income, which makes it impossible for us to run the day-to-day business. We cannot also pay our creditors,” the bankruptcy filing further alleges.