Justice Kaba’s Leaked Letter Stirs Confusion in US$3.3M Case

A leaked letter said to have vindicated  the Commercial Court Chief, Judge Eva Mappy Morgan in the controversy US$3.3 million claims, has come at the forefront again this week with the publication of the letter that bears the signature of the chairman of the Judiciary Inquiry Commission (JIC), Justice Yusuf Kaba.

It was introduced as a major documentary evidence in defense of the Monrovia Oil Trading Company (MOTC), one of the parties to the Ducor Petroleum's case.

While admitting the Kaba letter into evidence before the Commercial Court, MOTC lawyer, Counselor Abraham Sillah, argued that the JIC categorically dismissed the claim about the existence and withdrawal of the US$3.3 million from the Liberia Bank for Development and Investment (LBDI) account under the watch of Judge Morgan.

Instead of referencing the letter as Kaba’s letter, Cllr Sillah, when he introduced the letter, said, “The JIC's letter dated May 10, 2021 addressed to the Chief Justice of the Supreme Court of the Republic of Liberia, His Honor Francis S. Korkpor Sr, responded to Brosius’ April 19, 2021 restated claim of the US$3.3 million filed with the Chief Justice.”

In Brosius’ April 19 letter, he demanded that the Judiciary through the Government should return the money to the Ducor Petroleum's account at LBDI before he consents to sit for further hearing of the case.
However, Sillah's reference to the JIC's letter was in response to a bill of information lawsuit letter filed by Amos Brosius, the general manager of Ducor Petroleum, who is seeking the court’s approval to have the money returned to the company’s account at the Liberia Bank for Development and Investment (LBDI).

When the leaked letter was first obtained and published by several media outlets including the Daily Observer Newspaper, Justice Kaba challenged it truthfulness and described the publication as a work of politics with the intent to smear his character.

The letter, which Sillah believes to be evidential and introduced the first time in the case, was signed by Kaba alone as in the case of Judge Morgan, though, the JIC findings that declared Morgan liable of unethical breach was signed by six of the eight members including Kaba as opposed to the leaked letter.

If Sillah’s argument were anything to accept, then, why would Judge Morgan seek review at the Supreme Court against the JIC'S findings?

The JIC is the arm of the Supreme Court that is responsible to investigate unethical conduct of judges, whose findings, conclusion and recommendations to the high court held Judge Morgan liable for the breach of judicial cannon and was subsequently recommended for a year suspension without pay and benefits.

Judge Morgan appealed the JIC's findings and the matter had been argued before the Supreme Court with a decision pending before that court.

Judge Morgan froze the account, though; she is not clothed with the responsibility to hear the case alone because the court is presided over by a three judge panel.  According to the JIC finding, she unilaterally took the decision to violate the act that established the court.

Associate Justice Yussif Kaba’s Letter To Chief Justice Francis Korkpor that was published by the Daily Observer Newspaper reads,

May 10, 2021

His Honor, Francis S. Korkpor, Sr.

Chief Justice

Supreme Court of Liberia

Temple of Justice

Capitol Hill

Monrovia, Liberia

May it please Your Honor:

I refer to your letter dated April 19 instant by which you forwarded to the Judiciary Inquiry Commission a letter also dated April 19 instant over the signature of Mr. Amos T.K. Brosius as the complainant.

The members of the Judiciary Inquiry Commission, after having thoroughly reviewed the complaint by Mr. Brosius, advised that I bring the following to Your Honor’s attention:

That the Commission investigated a complaint by Mr. Brosius regarding allegations similarly connected to the allegations in his new complaint. The Commission did not find that Judge Eva Mappy Morgan directly or indirectly withdrew funds from any account that was the subject of litigation before her.

The Commission finds that Judge Eva Mappy Morgan’s action of granting an ex parte order based upon the request of one of the parties in the case before her without information and/or notice to the other party, in the face of the understanding reached by the parties, was in violation of Canon 23 of the Judicial Canons of Moral and Professional Conduct of Judges.

The Commission in its finding advised that should a party stand aggrieved by the action or inaction of the Judge in the handling of the matter, that party may take advantage of the law. This being a private wrong, the same cannot be considered as an ethical breach.

The Commission, therefore, ask that I abreast Your Honor of the above and advise that Mr. Brosius be so informed and advised.

Kind regards;

Sincerely yours,

Yussif D. Kaba

Chairman/JIC/Associate Justice of the Supreme Court of Liberia