MONROVIA – What really went on with the missing pages? That’s the question which reportedly enraged President George Weah this week, prompting the President to veto a bill entitled “An Act to Ratify the Investment Incentive Agreement between the Government of the Republic of Liberia and Fouani Brothers Corporation”.
Senator H. Varney G. Sherman(Unity Party, Grand Cape Mount) represents the legal interest of Fouani Brothers Corporation.
The Bill was sponsored by three lawmakers in the lower house – Rep. Mariamu B. Fofana(District No. 4, Lofa County); Rep. Rosana G. D. H. Schaack(District No. 1, Rivercess) and Rep. Marvin J. Cole(District No. 3, Bong County).
The agreement is for the development, construction, and operation of a Refinery, which is expected to process approximately 13,000 metric tons of Crude Palm Oil (CPO) per month for the production of edible vegetable oil and the derivatives from such oil palm.
Fouani, a Lebanese-owned Company, Incorporated in 1984, is engaged in importation and wholesale business of foodstuffs and general merchandise, automobiles and electrical home appliances. The company also is involved in the sale of foodstuffs, our company has an exclusive showroom in the city of Monrovia, Liberia for the sales of electronics and home appliances.
The company is also importers and wholesalers of Foodstuffs, General Merchandise,
Soft drinks, Rox energy drink, Goldroast coffee mix, Soklin detergent powder, Nutrimental infant cereals, Alwaha juice, Floriane milk, Special toothpaste e.t.c.
Manufacturers of HDPE Jerry Cans and packaging of FBC Star brand cooking oil and also manufacturers of Menthol max & Mint max brand confectionary.
The company recently established HDPE Jerry cans making and vegetable cooking oil packaging plant and recently constructed a confectionary factory in Liberia.
‘Confidentiality’ Section Omitted
In his communication rejecting the bill, the President said while he acknowledges the fact that the investment is expected to bring key benefits including value addition and job creation, thereby contributing to the economic recovery of the country, he was moved to veto the bill because the bill passed by the Legislature and submitted to him for approval was missing page 31 which should contain “information germane to the overall operationalization of the Agreement.
Said the President: “At the end of page 30, I noticed the heading “Confidentiality” and therefore believe page 31 must contain details about confidentiality. The principle of confidentiality is key to any agreement; it is about privacy and respecting the wishes of others. It means that one party should not share personal details about another party with others unless that party grant permission to do so. Therefore, without page 31 the bill is incomplete and I cannot approve it.”
Aides to the President, speaking to FrontPageAfrica on condition of anonymity Tuesday said the President, upon discovering the missing page in the document became incensed. “Vulgarities were uttered and he felt very disappointed and betrayed,” the source averred.
The source said the President immediately instructed his legal advisors to notify the speaker of his decision to veto the bill.
The President informed the Speaker that vetoing the bill also gives the Legislature an opportunity to review the entire bill and ensure that all ambiguities are corrected in the interest of the country.
FrontPageAfrica has learned that Fouani reportedly invested a great deal of resources in lobbying both houses of the national legislature in a bid to ensure the passage of the bill, which only needed the President’s approval before going into handbill.
The President’s decision to send the bill back to the Legislature is in line with Article 35 of the Constitution which state:
Who Flagged Missing Page? Sherman Debunks Report
“Each bill or resolution which shall have passed both Houses of the Legislature shall, before it becomes law, be laid before the President for his approval. If he grants approval, it shall become law. If the president does not approve such bill or resolution, he shall return it, with his objections, to the House in which it originated. In so doing, the President may disapprove of the entire bill or resolution or any item or items thereof. This veto may be overridden by the repassage of such bill, resolution or item thereof by a vote of two-thirds of the members in each House, in which case it shall become law. If the President does not return the bill or resolution within twenty days after the same shall have been laid before him it shall become law in like manner as if he had signed it, unless the Legislature by adjournment prevents its return.
No bill or resolution shall embrace more than one subject which shall be expressed in its title.”
It remains unclear how the Legislature submitted the bill to the President with a missing page.
However, some lawmakers who asked for anonymity said the move was a clever attempt by some members of the Legislature who have interest in the Fouani Brothers Incorporated to have had the President sign the bill into law with missing clauses which would have been added before printing.
Despite the president’s feeling of betrayal, another close aides said Tuesday, it may have just been an error on the part of Cllr. Sherman’s law firm but the President is taking nothing for granted. “I think it was an honest mistake by Sherman & Sherman but there are some around the presidency who are feeling that an effort may have been made slip it in a tricky way – and Archie Bernard, the President’s Legal advisor flagged it, leading to the veto,” the source added.
However, Cllr. Sherman, breaking his silence in an interview with FrontPageAfrica late Wednesday dismissed the report that it was Cllr. Bernard who raised the red flag. “If he(Bernard) had gone to print this document the way we had it, he would have printed it without page 31. It’s not Archie Bernard who discovered that page 31 was missing.”
The Senator said, the noise over the missing page is a plot to bring him into public disrepute and has nothing whatsoever to do with confidentiality.
Senator Sherman explained that normally, when documents of such nature are sent to the legislature, several copies are made available to members of the legislature. “So, every member of the legislature has the agreement.”
“So, it is he, Cllr. Bernard, who after we jointly discovered that Page 31 was in the copy of the agreement that he brought to me to pay for the printing who must have gone back to the President and informed the President that page 31 was missing – event though the Senate Secretary Staff actually delivered the document to him in my presence. I even advised him to look at the other copies in the agreement in the President’s office, and he would see the Page 31 there because the legislature did not change anything when they ratified the agreement.”
Cllr. H. Varney G. Sherman
The Grand Cape Mount Senator said once it was discovered by his office staff that the page was missing, they immediately asked the Senate Secretary to gave a copy of the missing page to Cllr. Berrnard. “We told the Senate Secretary that Mr. Bernard’s copy that he had did not have page 31, “please bring that copy from your page 31 that you have and give it to Mr. Bernard. The people brought the thing and gave to Mr. Bernard right in my office – and I gave him the money for the printing.”
Senator Sherman further explained that the missing page did not contain anything consequential to the agreement. “What is the consequence of Page 31? This page does not include any investment incentive, it only talks about the confidentiality of the agreement – and what does it say. It says simply, transactions between the investor and the government is not confidential. If any party wants to declare any action, thereafter, confidential, both parties have to agree.”
“What is the consequence of Page 31? This page does not include any investment incentive, it only talks about the confidentiality of the agreement – and what does it say. It says simply, transactions between the investor and the government is not confidential. If any party wants to declare any action, thereafter, confidential, both parties have to agree.”
Cllr. H. Varney G. Sherman(Unity Party, Grand Cape Mount
The Senator averred: “So, it is he, Cllr. Bernard, who after we jointly discovered that Page 31 was in the copy of the agreement that he brought to me to pay for the printing who must have gone back to the President and informed the President that page 31 was missing – event though the Senate Secretary Staff actually delivered the document to him in my presence. I even advised him to look at the other copies in the agreement in the President’s office, and he would see the Page 31 there because the legislature did not change anything when they ratified the agreement.”
The Senator further noted that Page 31 was not something that went to the substance of the agreement that anyone should suggest that he wanted to defraud or cheat. “It has nothing to do with the substance of the agreement.”
According to the Specialized Committee, the refinery will be a US$30 million investment that will add value to crude oil palm produced in Liberia by producing refined edible vegetable oils, margarine, and other processed food products, glycerin, and soap noodles; all of which that are currently imported.
In addition, the refinery, as per the agreement, will process 13,000 metric tons of crude palm oil per month for the production of edible vegetable and the derivatives from such oil, adding it will be enough for export to the Mano River Union and other neighboring countries and create employment.
Bottlenecks at NIC
“The Lack of skills by the youthful population to enable it to fit the job market is one of the main factors responsible for unemployment. The committee sees the Fouani Brothers Corporation Investment Incentive Agreement as an opportunity to addressing the high unemployment rate in the country,” an excerpt from the report said.
In addition, the committee notes that within five years, the investor shall ensure the employment of at least 25 Liberian nationals in technical and other skilled or professional positions in the refinery. And not later than its 10th anniversary, the investor shall ensure the employment of not less than 50 Liberian nationals in tecnical and other financial, administrative and supervisory positions.
Fouani Brothers Corporation have been clients of Cllr. Sherman since the 1980s. “in fact, the Senator says their relationship has gone beyond legal representation. “We have personal relationship. I represented them in Philadelphia claims against Cigna Worldwide Insurance Company of Philadelphia for damages to their properties during the first war. I represented them when their properties were destroyed more recently down waterside where they used to have Jos Hansen. I’ve told them to hold my money and fees because I wanted to invest my money.”
Cllr. Sherman says he insisted to his clients that a study be conducted. So, we engaged Zubah/Belleh. Pewu Zubah and Willie Belleh who have a consulting firm. And they did a study and came up with a proposal that was very, very impressive. Taking the crude palm oil that oil plantations are producing and refine it and add value to it into margarine, soap, noodles soup and other things.”
‘I Recused Myself’, Senator Says
Cllr. Sherman further explained that the proposal was then given it to National Investment Commission in quest for investment incentives. However, he says, since June 2019, when the proposal was given to the NIC, they too decided to conduct their own study on the investment on the stability and the impact of the investment on the country.
The law, he says, advised that for this type of investment, the investor, once NIC agrees, is entitled to 15-years investment, provided that the President signs the investment agreement and it is submitted to the legislature for ratification. “We went through all of that process – after we and the NIC had an agreement. The document was submitted to the President’s office, it was approved by the legislature.”
“The legislature deliberated and ratified the document. After it was ratified, it was sent to the President’s office for the President to approve the ratification law. That’s when Archie Bernard contacted me because he saw the portion that says I was the legal counsel – and secretary to the board. He then told me to provide the funding for the printing of the agreement.
Senator H. Varney G. Sherman(Unity Party, Grand Cape Mount
Cllr. Sherman says once the documents reached the legislature, he recused myself because of the fact that he was part of the investment and his name is there as a legal counsel. “When you have to go to corporate structure in the agreement, my name is there as the legal counsel. So, I had to recuse myself.”
Cllr. Sherman added: “The legislature deliberated and ratified the document. After it was ratified, it was sent to the President’s office for the President to approve the ratification law. That’s when Archie Bernard contacted me because he saw the portion that says I was the legal counsel – and secretary to the board. He then told me to provide the funding for the printing of the agreement. I told him right in my Senate office, Cllr. Bernard, my experience with these things, because I have represented so many companies and concession agreements in this country – Exxon Mobil, Anardarko, Golden Veroleum, Putu Mountain – because of my experience with these things, I know that these documents, because they come in loose sheets, it’s always possible that in the final printing there is an error somewhere, there’s a missing sheet. So, before I give you anything, money to go and do the printing, let’s check every page to make sure everything is there. That’s when we discovered that the copy he had which he was going to print, page 31 was missing. It was a simple clerical error.”
President, Sherman – Strange Bedfellows
As the bill returns to the lower house for deliberations, it is unclear how the gaffe, “clerical error” or “honest mistake” will hamper relationship between the President and Senator Sherman, who until the incident, had been a strong ally to the President.
It can be recalled that shortly after the President’s inauguration, Senator Sherman was instrumental in efforts to have wrestle Vice President Jewel Howard Taylor’s leadership of the Senate. Over the past few months, however, the relationship appear to be going downhill with Senator Sherman sending signals of falling out of favor with the Executive Branch.
The Grand Cape Mount Senator was one of the leading opponents who stifled the confirmation of Cllr. Ndubusi Nwadudike as head of the National Elections Commission.
Political observers however say, the fury of the president may be short-lived and much will depend on the outcome of the upcoming Senatorial elections which is likely to change to makeup of the Senate. In the likelihood that new Senators will be coming on board the president may be challenged to change his approach and build new alliances. With Sherman, one of the few not up for re-election, it could come down to rekindling a familiar alliance for the sake of political expedience.