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25.10.2014 Liberia

Liberia’s Anti-Corruption Commission Vow To Stand Singularly...If The Justice Ministry Delays

By Joe Noutoua Wandah, Monrovia
Liberias Anti-Corruption Commission Vow To Stand Singularly...If The Justice Ministry Delays
25.10.2014 LISTEN

The Chairman of the Liberia Anti Corruption Commission (LACC) in Liberia Counselor James Verdier Jr. said that after a thorough investigation into corrupt malpractices by past and present officials of President Ellen Johnson Sirleaf led government; it is submitting the names of several persons to the Ministry of Justice for immediate prosecution.


The LACC Chairman told a news conference recently at the Ministry of Information, Culture and Tourism regular press briefing that the LACC has been working diligently behind the scene over the past few months to investigate numerous cases which point to mass corruption in the Unity Party led government and has submitted several of these cases to the arm of government responsible for prosecution, noting the commission will not hesitate to stand singularly to pursue the recommended cases should the Justice ministry delay the prosecution of the officials.

Disclosing several cases that have been concluded by the commission and submitted to the Ministry of Justice for prosecution the LACC Boss named the Japanese Oil Grant as one of such cases which has been investigated by the commission. The Government of Japan extended a grant of one billion, one hundred million Japanese Yen (¥1,100,000,000), to the Government of Liberia under a Grant Arrangement, provisions of which are conveyed in an Exchange of Notes dated March 8, 2011 between the Donor (Japan) and the Recipient (Liberia), for the purpose of contributing to the promotion of the economic and social development efforts by the Government of Liberia.

But the LACC Boss said there were irregularities carried out by officials from the Ministry of Commerce and the Liberia Petroleum Refinery Company (LPRC) which led to their failure to ascribe to the Public Procurement Concession Commission regulations in terms of tendering bids and awarding grants and contracts to bidders.

As a result of the many alleged corrupt malpractices, the LACC Boss noted that the commission is yet to understand the full implementation of the Japanese oil grant thus the LACC has recommended to the Ministry of Justice that Aminata and Sons incorporated pays back into the Japanese petroleum products account an unexpended amount of US$16,000.00 intended to hire the services of an internal auditor.

Cllr. Verdier further stated that as concluded by the Commission's investigation Aminata is to pay an additional US$6,500.00 in to the Japanese Petroleum product account which was allotted and intended for public relations while the Managing Director of the LPRC T. Nelson Williams is recommended to the Justice Ministry to be charged for violating 138.1 of the PPCC act for his role in awarding $13 million dollar contact to Aminta and Sons without the required bidding process.

Urey, Kromah NOCAL and lawmakers bribery saga
Cllr. Verdier named another case involving alleged bribery carried out between the National Oil Company of Liberia and lawmakers of the 52nd National Legislature as a concluded investigation by the commission now before the Ministry of Justice. It can be recalled that early this year, Mr. Clemenceau Urey, a former board chair of NOCAL admitted before the Joint Legislative Public Account Committee (PAC) of the National Legislature that he approved the payment of US$50,000 to lawmakers before ratifying oil contracts, which according to him, were intended to benefit the country and its people.

Mr. Urey, who was invited by the lawmakers to give account for money spent under his stewardship, however, told the lawmakers that he was not informed by his colleagues that they gave them (lawmakers) additional money which amounted to US$118,000 as lobby fees. The invitation of the ex-NOCAL board chairman took into consideration the General Auditing Commission (GAC) Reports of 2006/08/09 on NOCAL.

Among other things, the GAC reports stated that there were several irregularities, including lobby fees that were paid by NOCAL to lawmakers as inducement to pass several contracts. But the former NOCAL board chairman had maintained that he took the action in national interest and not for himself. As a result of his opened confession, the LACC invited Mr. Urey, as well as former Montserrado County Representative Alomiza Ennos Barr, who was also at the center of Urey's allegation, and others for investigation to authenticate whether they took bribes to pass certain concessions.

Recommendations for prosecution of officials of government has now become a cliché with several reports from the Ministry of Justice, General Auditing Commission, the Liberia Anti Corruption Commission all stockpiled and awaiting action from the Executive Branch of Government. Despite the public declaration that corruption is the public enemy number one with a promise by President Ellen Johnson Sirleaf and her regime to fight the menace head-on, there are no known cases of prosecution against individuals for corruption.

There is a high belief amongst the Liberian public, that pronouncements about prosecution is a mere public charade to distract the public attention and keep an ongoing debate, but in spite of the lack of public confidence in the Government's ability to prosecute people for corruption, the Liberia Anti Corruption Commission has once again place the Ministry of Justice in the spotlight submitting a list of individuals to the Ministry to face prosecution for corruption related offenses.

The LACCC has said after a thorough investigation into corrupt malpractices by past and present officials of President Ellen Johnson Sirleaf led government; it is submitting the names of several persons to the Ministry of Justice for immediate prosecution.

LACC Chairman James Verdier Jr. told a news conference Thursday at the Ministry of Information, Culture and Tourism that the LACC has been working diligently behind the scene over the past few months to investigate numerous cases which point to mass corruption in the Unity Party led government and has submitted several of these cases to the arm of government responsible for prosecution, noting the commission will not hesitate to stand singularly to pursue the recommended cases should the Justice ministry delay the prosecution of the officials.

Disclosing several cases that have been concluded by the commission and submitted to the Ministry of Justice for prosecution the LACC Boss named the Japanese Oil Grant as one of such cases which has been investigated by the commission. The Government of Japan extended a grant of one billion, one hundred million Japanese Yen (¥1,100,000,000), to the Government of Liberia under a Grant Arrangement, provisions of which are conveyed in an Exchange of Notes dated March 8, 2011 between the Donor (Japan) and the Recipient (Liberia), for the purpose of contributing to the promotion of the economic and social development efforts by the Government of Liberia.

But the LACC Boss said there were irregularities carried out by officials from the Ministry of Commerce and the Liberia Petroleum Refinery Company (LPRC) which led to their failure to ascribe to the Public Procurement Concession Commission regulations in terms of tendering bids and awarding grants and contracts to bidders.

As a result of the many alleged corrupt malpractices, the LACC Boss noted that the commission is yet to understand the full implementation of the Japanese oil grant thus the LACC has recommended to the Ministry of Justice that Aminata and Sons incorporated pays back into the Japanese petroleum products account an unexpended amount of US$16,000.00 intended to hire the services of an internal auditor.

Cllr. Verdier further stated that as concluded by the Commission's investigation Aminata is to pay an additional US$6,500.00 in to the Japanese Petroleum product account which was allotted and intended for public relations while the Managing Director of the LPRC T. Nelson Williams is recommended to the Justice Ministry to be charged for violating 138.1 of the PPCC act for his role in awarding $13 million dollar contact to Aminta and Sons without the required bidding process.

Urey, Kromah NOCAL and lawmaker's bribery saga
Cllr. Verdier named another case involving alleged bribery carried out between the National Oil Company of Liberia and lawmakers of the 52nd National Legislature as a concluded investigation by the commission now before the Ministry of Justice. It can be recalled that early this year, Mr. Clemenceau Urey, a former board chair of NOCAL admitted before the Joint Legislative Public Account Committee (PAC) of the National Legislature that he approved the payment of US$50,000 to lawmakers before ratifying oil contracts, which according to him, were intended to benefit the country and its people.

Mr. Urey, who was invited by the lawmakers to give account for money spent under his stewardship, however, told the lawmakers that he was not informed by his colleagues that they gave them (lawmakers) additional money which amounted to US$118,000 as lobby fees. The invitation of the ex-NOCAL board chairman took into consideration the General Auditing Commission (GAC) Reports of 2006/08/09 on NOCAL.

Among other things, the GAC reports stated that there were several irregularities, including lobby fees that were paid by NOCAL to lawmakers as inducement to pass several contracts. But the former NOCAL board chairman had maintained that he took the action in national interest and not for himself. As a result of his opened confession, the LACC invited Mr. Urey, as well as former Montserrado County Representative Alomiza Ennos Barr, who was also at the center of Urey's allegation, and others for investigation to authenticate whether they took bribes to pass certain concessions.

Said Verdier: “After the investigation, the following recommendations were made to the Ministry of Justice. That Mr. Clemenceau Urey and Counselor Stephen Dumbar be charged and prosecuted on charges of bribery, misapplication of entrusted properties, criminal facilitation, criminal conspiracy and economic sabotage for the amount of fifty thousand dollars. That Dr. Foday Kromah and Mrs. Marie Parker be charged and prosecuted for bribery, criminal facilitation, criminal conspiracy and economic sabotage for the amount of one hundred eighteen Thousand four hundred dollars.

The report also recommends that former representative Alomiza Ennos Barr also be charged for criminal facilitation and misapplication and bribery for the amount of forty thousand dollars. The Commission is also recommending Mr. David Kortee for prosecution for allegedly receiving money from the Government of Liberia through the Ministry of Public Works to carryout public relations work but did not perform such duty.

Other cases that have been recently concluded and currently in route to the Ministry of Justice, according to Chairman Verdier involves the Duncan Gas station, the Ministry of Finance and Development Planning and the Ministry of National Defense as well as allegation of misappropriation, misapplication and wastage of Government resources in the Sinoe social and county development fund.

Teahjay in line
The LACC is also recommending the prosecution of Sinoe County superintendent J. Milton Teahjay for misapplication of instructed properties, misuse of public money and property, theft and illegal disbursement and expenditure of public money. He noted that Superintendent Teahjay allegedly used, disbursed and expended without any evidence of documentation the sum of $50,000 dollars, representing 30% share of land rental fees paid by the forestry concessionaires for development purposes, $12,000 dollars representing part of proceeds realized from sales of rubber seized from illegal tappers from the SRC plantation among others.

Digging further into high profile corruption cases, the LACC Boss revealed that the commission is currently investigating a contract between the National Legislature, a Ghanaian lawyer and two Liberian lawyers to review the Petroleum law that has been passed by the Liberian senate. According to Cllr. Verdier, based on the three agreements in the possession of the LACC between the Legislatures, the two Liberian and Ghanaian lawyers, the Legislature agreed to pay fifty percent of the contract amount immediately after signing.

“The two Liberian lawyers were each contracted for$25,000.00 each while the Ghanaian lawyer was contracted for $75,000.00. So upon signing those contracts they were advanced fifty percent of the contract price. Now the thing that came out of the investigation was that the Speaker said NOCAL was not in the position to pay readily and they did not want these experts to leave so they had to find money to advance the experts so that they could continue to work. The money advance may have been from either the personal pocket of speaker Tyler or Rep Lawrence. It is against our financial management law to use your personal money to finance public works. So we are questioning that”, said the LACC Boss.

Cll. Verdier said the LACC is now questioning all actors involved in the deal, including NOCAL to establish whether there was a bidding process for the contract noting that the money for the three contractors is far beyond the threshold of the PPCC. Recommendations for prosecution is not new in Liberia as during the reign of former Justice Mini9ster Cllr. Christina Tah and Solicitor General Wilkins Wright, a report was submitted to the President requesting prosecution in line with several audit reports released by the general Auditing Commission of Liberia.

Similar Submission Fell on Deaf Ears
In a memorandum addressed to Justice Minister Tah on August 15, 2011, then Solicitor general, Cllr. M. Wilkins Wright categorized audit reports from the General Auditing Commission of Liberia into four categories in which the Solicitor general recommended that some of the cases needed immediate prosecution and further investigation for others. Cllr. Wright indicated that after reviewing the reports, they were categorized in summary form for easy categorization to enable the Ministry of Justice either prosecutes, conduct further investigation or drop further proceedings against some individuals.

Stated Cllr. Wright “the report has been categorized for the purpose of easy categorization in terms of those actions proposed. The name of an entity may appear in more than one category of the summary because of the nature of the conduct complained of and the recommended action to be taken against them; as such, to be able to know what offense was committed, one would have to refer to the detailed report to find the cause and the specific person affected”. The solicitor general expressed his willingness as a government lawyer to pursue the case.

“I appreciate the opportunity to participate in the fight against corruption and impunity in our country, and we stand prepared to lead the prosecution of those concerned should our recommendations be approved. Delay in submitting this report is regretted as well as any inconvenience” said Cllr. Wright.

Since the reports from the Solicitor General were submitted to the Minister for onward submission to the President for action the Liberian leader had played deaf ears on the Ministry request to prosecute several individuals recommended for prosecution up to date. It remains unclear what will become of the latest LACC recommendation for prosecution of several individuals some of whom are close friends of the President.

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