MONROVIA – Finance and Economic Planning Minister Samuel Tweah
Report by Lennart Dodoo, [email protected]
“If you see the list of lawyers coming to court against Rodney Sieh you’ll be intimidated. I saw the list yesterday – a major lawsuit. This lawsuit is intended to establish the basis of truth and credibility in media reporting,” the Finance Minister said during a press conference.
He was speaking in relation to a FrontPageAfrica publication about the resuscitation for payment of a debt amounting US$182,000 incurred by the Ministry of State for Presidential Affairs during the era of former President Charles Taylor. A FrontPageAfrica investigation found that the company owed, Rocktown Tool & Equipment Corporation ceased to exist since 2003.
FrontPageAfrica uncovered that the company was registered in August 1999 at New York’s Kings County with company number 2406154 and located at the address 576 Third Avenue Brooklyn, New York, 11215.
Today, the company is unlisted and does not exist. Its only mention is that it has been inactive – dissolution by proclamation/annulment of authority since June 25, 2003.
FrontPageAfrica in that publication reported that while the President has pledged to crackdown on endemic corruption, the multiple vouchers of withdrawals in its possession point to a government drowning in wealth.
“FrontPageAfrica has in its possession dozens of vouchers and memos detailing exorbitant payments toward travel, made-up companies and firms tied to the presidency for road and construction contracts including the National Security Agency, Executive Protection Agency and the never-ending renovation of the seat of the Liberian presidency, the Executive Mansion,” the publication noted.
This paper further noted in that publication that nearly all of the payment vouchers in its possession originates from instruction from the Ministry of State headed by Minister Nathaniel McGill, to the Ministry of Finance.
However, in reaction to the story, Min. McGill who was then in Accra, Ghana called the Truth FM Breakfast show condemning the story, terming it as a blackmail attempt, branded the newspaper as a “criminal entity” and at the same time threatening a lawsuit.
The Minister of State denied knowledge of such payment and said he has never heard the name of the company before.
He went ahead to explain that he believes in the credibility of the Finance Minister and knows that the Finance Minister would never make such payment.
Contrary to his assertion, the Ministry of Finance on the same day held a press conference admitting to the such payment being processed by the Ministry.
The ministry sought to clarify that the payment process had not been completed but it was in the making.
Deputy Minister for Economic Management, Mr. Augustine Flomo, told reporters during Monday’s press conference the current government was under legal obligation to settle the debt since the commercial court had ruled at the Temple of Justice had ruled in favor of the company.
He said, “To have made it appear that the current government is not responsible and didn’t take the necessary due diligence in effecting the payment process is not only prosperous but it’s malicious as the government is continuity.” He added that because government is continuity, the Weah-led administration is under obligation to honor legitimate debts “once she has the financial capacity to do so as such would not only improve the individual businesses but also improve the well-being of the economy.”
The debt, according to court documents in FPA’s possession was amassed in 2002 when former President Charles Taylor was President and Jonathan Reffell was the Minister of State for Presidential Affairs.
In 2016, while defending itself against the company’s claim, the government, in its defense, produced two witnesses to testify. The first witness Mr. Abubakar M.S. Kiawu testified that although the claims of the plaintiff was submitted and demand for payment made, the claim was dishonored and disqualified based on the outcomes of the two audits conducted under the authorization of the Government of Liberia. According to the witness, KPMG Auditing Firm which is an internationally-independent auditing firm based in Ghana, through its vetting process declared the plaintiff’s claim as illegitimate. The testimony was made in the absence of the audit report being put in the evidence by the defendant.
The defendant’s second witness, Mr. D. Caeca Freeman, former employee of the General Services Agency (1997-2012) testified as to the procedures used in acquiring and managing government assets. With respect to the claims of the plaintiff’s, this is what the witness testified: “It was not stated as to which ministry or agency to which they supplied their claim. And if they did not supply a ministry or agency, those assets must and should have gone through the General Services Agency procedure: but if not, I cannot speak to it because they were never brought through the proper procurement system at the GSA to certify an approved payment voucher to the Ministry of Finance.”
But Minister Flomo contended that “It may true that Rocktown claim may have been rejected by KPMG” as published by FrontPageAfrica but the Rocktown being dissatisfied took the matter to the court and obtained a court judgment in its favor “as such this government is under legal obligation to respect all courts in the Republic of Liberia including this ruling from the Commercial Court of the Republic of Liberia.”
Min. Tweah’s Argument
The Finance Minister in his contention contended that no payment has been made but failed to refute that there was a payment in progress as earlier said by his deputy. He added that the Minister of State knew nothing about the payment which warrants the lawsuit against FrontPageAfrica.
“When a journalist is investigating something, let the journalist investigate what the circumstance is; let the journalist say ‘A payment is in process at the Ministry of Finance about some company that did work for the government of Liberia, that’s the story,” he said.
He added, “Mr. Sieh will go to court and he’ll stand before a judge to prove that Mr. McGill received kickbacks, that Mr. Tweah received kickback, he will provide the evidence in court that kickbacks were received. He’ll to provide that evidence and I’m afraid he can’t prove it because no such thing ever happened.
He alleged that the Publisher has an agenda against him and the Minister of State.
Tweah, McGill Hiding Something?
Section 29. 2 of the Public Financial Management Act of 2009 states that “All contracts that contain commitments involving contingent financial liabilities of the government or State Owned Enterprises must be approved by the Minister [of Finance] and the Debt Management Committee, Contingent financial liabilities include but are not limited to (i) any guarantee of performance or payment obligations of another person, (ii) any agreement including indemnification agreement to hold another person harmless or to provide insurance or similar protection against risk or loss, (iii) any guarantee of economic return to another person including any guarantee of profit, income or rates of return, (iv) any agreement to provide financial support to another person in connection with specific activities of such other…
On April 6, 2010, former President Ellen Johnson Sirleaf set up the Debt Management Committee to regulate public finance transactions, in keeping with Section 28 (4) of the Public Finance Management Act of 2009.
The Committee is chaired by the Minister of Finance. Its members include the Governor of the Central Bank of Liberia; the Ministers of State for Presidential Affairs, Justice, and Planning & Economic Affairs.
Except Government securities which are handled by the Central Bank of Liberia, the Committee is responsible to approve all central government loan agreements in keeping with the Public Finance Management Act of 2009.
FrontPageAfrica, therefore, finds it absurd for the Minister of State for Presidential Affairs to deny knowledge of said debt payment.
Sieh Insists He has Dorcier of Evidence
Speaking at an event marking the launch of his book, Journalist of Trial in Monrovia on Thursday, December 20, Mr. Sieh called on the government to investigate the report, rather than calling him and his staff a “criminal gang”.
“This is just one document that I have published that got them running from here and there. Imagine if I publish the other one what will happen,” he said.
According to him, he has shared documents in his possession with the American, United Kingdom Embassies and other diplomatic missions.
He challenged government officials who call him a blackmail because of his reports to show proof of their allegation.