Monrovia-Amos Brosius, the general manager of the controversial Ducor Petroleum Incorporated is seeking the approval of Chief Justice Sie-A-Nyene Yuoh to relocate his company’s ten-year case that involved him and his partner, the Monrovia Oil Trading Company (MOTC), at the Commercial Court for 10 years now. Brosius’ request comes weeks after majority justices of the Supreme Court reversed the early decision of the Judiciary Inquiry Commission ( JIC) which held the commercial Court Chief Judge Eva Mappy Morgan liable for the alleged depletion of over US$3.3million from the company escrow account that was housed at the Liberia Bank for Development and Investment (LBDI).
The JIC also recommended a year suspension without pay and benefits against Mappy Morgan something which the Supreme made a final determination in September 2022. Mr. Brosius and his partner, the Monrovia Oil Trading Company (MOTC) entered into an agreement with Judge Morgan in 2013, to freeze Ducor’s escrow account at the bank pending the outcome of a commercial dispute between the partners over the accountability of several petroleum products MOTC supplied to him (Brosius).
However, the account was frozen while the main lawsuit was still being heard by Her Honor Judge Morgan. The chief judge then ordered the account to be unfrozen without Brousis’ knowledge or consent, citing correspondence from MOTC attorney Negbalee Warner. This gave MOTC the authority to allegedly withdraw the funds from the bank in accordance with the JIC’s recommendations. However, the majority of the justices on the Supreme Court ruled in favor of the Commercial Court Chief Judge Eva Mappy Morgan during the September A.D. 2022 Term, stating that she did not violate the Judicial Cannon, stature, or the Act that established the Commercial Court of Liberia and, as a result, should not be censured as suggested by the JIC.
On Wednesday, October 12, Brosius said that although he disagreed with the majority justices’ ruling, he was unable to change it because it was the highest court in the land.
“The majority justices of the Supreme Court has already spoken, so who am I to resist their decision”, Brousis noted.
Giving justification for the transfer of the case from the Commercial Court, Brousis said, five of the ten years of the case had been legal disputes between him and the Commercial Court, regarding the court handling of Ducor Petroleum’s account at LBDI.
“For those years the Commercial Court and I have been between the JIC and the Supreme Court, just on the unethical conduct of Judge Morgan. But, with this decision, I will never agree to have the case handled by the same court. If the Chief Justice is sincere in her pledge to administer justice impartially and without favoritism, she ought to fulfill my appeal for fairness and transparency”.
According to Mr. Brousis, the matter has been pending in the Commercial Court for the past 10 years, which has led to the company owing money to a number of other organizations, many of which are pursuing him for their money.
“The majority justices have ruled without saying anything about the actual case. And, so, I am appealing to the chief justice to ensure that I get a speedy trial, to avoid the repeat of the sale of my homes, upon the order of Judge Morgan. Because I could not pay some of my debt, due to the freeze imposed on Ducor’s account.”
Reported by: G. Watson Richards