-For failing to complete UNDP’s Bong courthouse project valued at US$138,269.96
Criminal Court ‘C’ at the Temple of Justice yesterday declared Moseray Momoh, the deputy managing director for administration at the Liberia Water and Sewer Corporation, guilty and subsequently ordered him to make restitution of US$48,000 to the Judicial Branch of Government.
Judge Blamo Dixon’s ruling also fined Momoh and his accomplice, one James P. Martor, US$300 each and demanded them to deposit the money into government revenue immediately. Both men are chief executive officer and site manager respectively of the Semoh Group of Companies
Judge Dixon’s ruling supported the earlier judgment of Magistrate Kennedy Peabody of the Monrovia City Court that mandated the pair to pay US$48,000 out of the US$138,269.96 given to the company by the United Nations Development Program (UNDP) to construct the Botota Magisterial Court in Bong County.
Dixon said the Articles of Incorporation of the Semoh Group of Companies was not in the case file submitted to the court for the hearing of Momoh’s appeal against Peabody’s judgment.
It was not clear whether the decision to leave out a very important document such as the articles of incorporation, which resulted to the UNDP’s entering into the contract agreement with Semoh Group of Companies, was intentionally done by Cllr. Sheriff or that Momoh did not have that document at all.
Judge Dixon in his response, said: “The lawyer of Semoh Group of Companies did not exercise due diligence and also did not act in good faith in handling the matter.”
When they defended the awarding of the Botota courthouse construction project, the UNDP claimed at the time that Momoh won its competitive bidding exercise thereby qualifying Momoh’s Semoh Group of Companies for the project, which was valued at US$138,269.96, which UNDP wasted no time in paying US$124,442.96 and about 90 percent of the project’s cost before the work could start.
It was out of the US$124,442. 96 paid by the UNDP to Momoh that the judicial Branch has demanded Momoh and Martor to repay US$48,000 for the portion of the work that was not done by Momoh’s company.
At the time, Momoh was serving as procurement officer with the UNDP when his Semoh Group of Companies signed the contract with the UNDP on November 17, 2015.
Before filing the lawsuit against Momoh and Martor, the UNDP through the judiciary entered into an agreement for the construction, decorating and furnishing of the Botota Magisterial Court, in Bong County.
The said contract was entered into and executed on November 12, 2015 by and between the judiciary, Momoh and Martor.
The contract was executed for the duration of nine months and ten days and was in the amount of US$138,269.96, and it was agreed that the money should be paid in four installments, which agreement the UNDP did not honor but chose to pay the US$124,442. 96.
As part of the agreement, the parties (judiciary and Momoh and Martor) set-up technical teams that would inspect and assess the project and the project site. It was during one of these assessments that the judiciary technical team observed that the construction work on the said project was 75 percent completed.