Amos Brosius, the General Manager of the controversial Ducor Petroleum Incorporated, is requesting Chief Justice Francis Korkpor to ensure that he gets back his US$300,000 since the Judiciary Inquiry Commission (JIC), investigation shows that it was illegally sold by the Commercial Court, before Korkpor's resignation, on September 5 of this year.
The Judicial Inquiry Commission is an auxiliary established within the Judiciary Branch of the Liberia Government with the exclusive power and authority to receive and investigate complaints against judges of courts of record and non-record in the Republic of Liberia for violation of any provision of the Judicial Canons.
In 2021, the JIC, in its recommendation said, the Chief Judge of the Commercial Court of Liberia, Eva Mappy Morgan, was aware that Ducor owned other vendors and a court verified the amount of US$999,365.77.
Considering Ducor's indebtedness, the court took custody of the company’s account at the Liberia Bank for Development and Investment (LBDI), which included the receivables account, but ignored the debt of the company for the past seven years, thus resulting in some of the vendors instituting a lawsuit against Brosius for overdue payables.
Though Brosius pleaded with the court to hold back the IBLL lawsuit until the Ducor’s account freeze is lifted, the JIC said, Judge Morgan, ignored that, and she assigned one of the three judges presiding over the Commercial Court to speedily proceed with the case.
Judge Richard S. Klah, himself had been removed from his judgeship for corruption, waiting for his impeachment trial, at the legislature, decided the case within two weeks and authorized the sale of Brosius' homes and other properties, in the Jacob Town community, center n Paynesville, outside of Monrovia, that was not a part of the collateral for the US$100,000, to recover the loan payment.
The JIC’s recommendation said its investigation into the sale of Brosius' home found that Judge Morgan was reckless and callous in the matter of the action of debt instituted by the IBLL against Brosius, “that her defense that another judge of the Commercial Court decided the case is untenable.”
“As the chief judge of the court, she assigned cases to the other two judges. It, therefore, follows that she knew or has reason to know of the filing and proceedings of the action of debt instituted against Brosius resulting in the foreclosure of his real property in the face of a petition for accounting pending undecided before the court,” according to the JIC's recommendation.
“That the investigation found and established that the judge callously disregarded the duty of speed and care, scruple and diligence imposed on a judge in deciding matters before the court. Rather, than taking responsibility for her illegal orders, the judge played the victim,” the recommendation said.
“The JIC found that the real victim in these proceedings is Brosius, that the investigation found that Judge Morgan recklessly abused her discretion in the matter of the MOTC request dated July 22, 2013, and the illegal orders issued subsequently by her to LBDI unfreezing and returning the subject account to status quo ante without notice to Brosius or his lawyers.”
Interestingly, the JIC’s recommendation was submitted to Chief Justice Korkpor, and it was argued after Judge Morgan challenged it. But, since then, it has taken almost a year now, and there is no news as to whether it would be decided before Justice Korkpor retires.
However, addressing journalists assigned to cover the Supreme Court, Brosius said, before the court judgment, in 2015, to sell his properties, because he could not afford to pay the overdue, for the restrictions, the court placed on Ducor Petroleum's account, he communicated with Justice Korkpor explaining about the court decision to sale his properties.
“Justice Korkpor cannot look in my eyes and deny that I don't inform about the situation. I even wrote to him on the issue, but he refused to stop the court action. And, I lost my homes, and currently, my family is homeless,” Brosius lamented.
“Why is Justice Korkpor waiting to act on the matter? He has to give back my properties, or release the judgment before his retirement.”
Brosius said, he could not pay the overdue, because, the court had already placed an injunction and freeze the account, pending the outcome of the lawsuits for accounting and ownership filed by the Monrovia Oil Trading Company (MOTC), one of the parties to the Ducor’s dispute against Brosius.
“Even, I informed the court that the reason why I have failed to pay the bank is due to the financial strangulation the several years the MOTC's case against me had taken.”
“That, I expected to settle whatever amount the bank proves to be outstanding with the part of the money, that was in the custody of the Commercial Court, as soon as the court injunction on me and freeze on the bank and receivables account lifted,” Brosius gave reason about his failure to pay the bank overdue.
“We plead with the court to suspend the hearing of the lawsuit from the bank pending the outcome of the petition for accounting that had been pending in that court, undetermined since June 1, 2013, but they refused, and subsequently sold my homes.”
According to the JIC’s findings, Judge Morgan without the consent of Brosius lifted the stay order and subsequently allowed the MOTC party to have control over the account.
And, that illegal decision led to the depletion of Ducor Petroleum's escrow account at the LBDI, which was pending there waiting for the conclusion of the MOTC’s case, before a decision could be reached, which Brosius had put the figure to US$3.3 million been withdrew by both the judiciary and the MOTC.
It was based on the investigation that the JIC found Judge Morgan liable and subsequently requested Justice Korkpor to have her suspended for a period of one year without pay and benefits.
The rest remains a mystery.