Will Judge Peabody Accept GoL’s Request for Withdrawal in ‘Hijacked’ Container Claims?

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Judge Kennedy Peabody of Civil Law Court ‘A’ at the Temple of Justice is expected on Tuesday, June 30, to entertain argument as to whether the court should drop the Ministry of Justice (MoJ) from the ongoing controversial hijacked or stolen container marked AXUI1476111 case. The ministry got involved with the matter after it issued an order to the National Port Authority (NPA) and the Liberia Revenue Authority (LRA) to release the disputed container to a Lebanese businessman and General Manager of Montserrado Group of Industries, Houssel Kaffel, allegedly ignoring an earlier compliant filed before it by Agid Sariu, Siege Social Madina Dispenser BP 2873, Conakry, Republic of Guinea.

Kaffel is the contractor for President Weah’s mansion on 9th Street, which is currently under construction. The unusual move by the ministry plunges the container case even deeper, in which they have taken a posture more common to defend Kaffel by admitting issuing the container to him (Kaffel) in the absence of presenting the investigative report to the Guinean company.

The case also presents legal twists as Judge Peabody, whose order led to the arrest of Kaffel, later backed off from his action and subsequently allowed Cllr. Martins to release Kaffel without surrendering the container. Now, the ministry is arguing that initially the Guinean company complained to it (MoJ) about the hijacked or stolen container, but the complaint was filed before Montserrado County Attorney, Counselor Edwin Martins to conduct an investigation and present the findings. “It is based on Cllr. Martins’ investigative report that erasing any criminal element being conducted by Kaffel, because it was a commercial matter, and far from criminality,” the ministry’s request argued.

Therefore, the MoJ further contended that since no criminal element to hold on the container was irrelevant and without any legal basis. “We pray the court to drop the lawsuit in that the authority over the container had ceased prior to the filing of our request,” the ministry alleged. These are some of the arguments that Judge Peabody will be hearing and subsequently making a determination.

Kaffel was arrested after the Managing Director of the National Port Authority (NPA), Bill Twehway, released the container to his company, Montserrado Group of Industries. Twehway’s action was necessitated by a letter dated June 10, 2020, and signed by Counselor Nyenati Tuan, Acting Minister of Justice and Attorney General. The court document claimed that the container was loaded on February 28, 2020, and later departed Istanbul, Turkey, for Conakry, Guinea; and on March 1, 2020, it was shipped by Mr. Raze Akhavein, an Iranian born Turkish national general manager of Aria Gida Katku MADD Sanvet TIC, Ltd, based in Turkey.

The record also claimed that the container was tracked to Madrid, Spain and it was discovered that Mr. Raze unlawfully changed documents bearing the name of the original owner and destination to Montserrado Group Industries, Monrovia, Liberia.

It may be recalled that in early May 2020, Acting Justice Minister and Attorney General, Counselor Nyenati Tuan, acknowledged through written communication to National Port Authority Managing Director, Bill Twehway, that a container seized this month at the Free Port of Monrovia was meant for a company known as Agid Sariu, Siege Social Madina Dispenser BP 2873, Conakry, Republic of Guinea. Minister Tuan said a thorough review of documents has revealed that the container was destined for Conakry, the Republic of Guinea, to Agid Sariu Siege Social Madina Dispenser, but surreptitiously found its way to Liberia via tracking details, which act the ministry was investigating.

Initially, Minister Tuan on June 3, 2020, just ten days before turning the container over to Lebanese businessman and national Houssel Kaffel, wrote Cllr. Edwin K. Martin, Montserrado County Attorney, outlining several recommendations about the ownership of the container.

Tuan’s letter to Cllr. Martin reads: “I write to acknowledge receipt of your June 1, 2020, report submitted to my office as Acting Minister of Justice.” It further reads, ”Having carefully perused various attachments of the source documents and the investigative report inclusive of your findings and recommendation awarding ownership of container AXIU47611 to Montserrado Group of Industries, I am constrained to advance these following concerns or observation. 1. There exists a contract with an offer for acceptance and consideration. To cancel the same, it should be done by mutual consent through the court. 2. That the Guinean Company, which is a party to this agreement, has made substantial payment amounting to US$306,760.45 for the formation of the partnership; 3. There was an offer, acceptance, and consideration which made the consignor the Bailee of the consignee, pending delivery of the goods. 3. The consignor cannot or should not unilaterally cancel the agreement. 4. The container complained of is AXUI1476111 and not AXIU467111 as stated in the investigative report, please see (EXHIBIT 2 in BULK) and other attachment to the complaint.”

Tuan recommended that “In view of the foregoing, I am requesting that the shipper consignee address the concerns raised above, through judicial means so as to establish ownership of container NO AXIU46711.” As a diplomatic intervention earlier, the Guinean Embassy near Monrovia on May 12, 2020, sent a transcript note from the Guinean Ministry of Justice signed by Mamadou Lamine Fofana to the Liberia Ministry of Foreign Affairs.” The letter further reads: “The Embassy of the Republic of Guinea in Liberia presents its compliments to the Ministry of Foreign Affairs of the Republic of Liberia and has the honor to transmit a copy of an attached letter N. 022/MJ/SG/CAB/2020, dated May 12, 2020, from the Ministry of Justice of the Republic of Guinea addressed to his colleague in Liberia regarding the confiscation of the container No.AXIU1447611 at the Free Port of Monrovia, Liberia.”

The communication continues: “The said container would have been shipped at the port of the Republic of Conakry, Guinea, in conformity with the signed contract on April 27, 2018, between Mr. Balde, the manager of Mufti Agro-Industrial Company and Sarlu of Guinea Law and Mr. Raze Akhavein, the manager of Multi Agro-Industrial Company, Aria, a company established on Turkish law.” It adds, “With discrepancy, Mr. Reza changed the transit point of the container for it to be shipped in Monrovia with the address of another person, whereby the real proprietor is Mr. Balde, according to the purchasing record attached.” The letter went on to say “The Guinean Justice Minister thanks honestly his colleague of Liberia for the first judicial results recorded in the file and would be pleased to depend on your weight so that the container AXIU can safely arrive in Conakry. All the required documents are herein attached.” The Embassy, the letter said. .

Author

  • Anthony Kokoi is a young Liberian sports writer who has an ever-growing passion for the development of the game of football (soccer) and other sports. For the past few years, he has been passionately engaged in reporting the developments of the game in the country. He is an associate member of the Sports Writers Association of Liberia (SWAL). He is a promoter of young talents. He also writes match reports and makes an analysis of Liberian Football.

1 COMMENT

  1. We hope the flip-flopping of this case has not been the result of so called head of the LNBA Tiawen Gongloe who is the complainant in this case, and who lacks the acumen to differentiate between AUTOMATIC NATURALIZATION – Article 20. 1, A, B (ii & iii) of the Aliens and Nationality Law of Liberia, and PETITION FOR NATURALIZATION – Article 21.2 viz age requirement of 21 years of age.

    For as a seasoned jurist one should be aware of errors in whatever documentations, and that is why such errors or even deliberate acts therein are

    But if;

    (1) people claiming to have knowledge of law would prefer to mask their silly politics, ignorance, idiocy, sentiments, bizarre hatred, personal vendetta, and xenophobia, behind such irrelevant qualms as “additional names” etc.; qualms or unforeseen instances which are,

    (2) GENERALLY OR USUALLY OVERRIDDEN by the legal principles and dictates of FAIRNESS, RELEVANCE, CONTRA LEGEM, FORCE MAJEURE, SUBSTANTIAL PERFORMANCE, etc. etc., SUCH LAWYERS NOT BEEN;

    (3) ABLE TO DIFFERENTIATE BETWEEN AUTOMATIC NATURALIZATION AND NATURALIZATION BY PETITION IS OF COURSE, THE OBVIOUS!

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