MONROVIA — Credible information reaching this newspaper suggests that prosecutors of the Liberia Anti-Corruption Commission (LACC) have entered a nolle prosequi (closing) in corruption cases involving indicted former officials of the George Weah-led administration at Criminal Court ‘C’, ignoring their courtroom appearances.
By Garmah Lomo
The matter, for undisclosed reasons, involved Duanna Kamara, the former managing director, Moisery Momkh, deputy managing director for Administration, George Nyenkan, manager for materials administration, Shad Massaquoi, manager/coordinator for Grand Bassa County, Mohammed Konneh, owner of Sesay’s Brothers Business Center, and Ayouba Kamara, an employee of the business center, who were jointly indicted on allegations of corrupt practices and allegedly misapplied US$240,510.
Records from Criminal Court ‘C’ allege that the former officials, including the managing director Duanna Kamara, and the LACC had reached a compromise. However, details of the discussion are yet to be found within the court document. They were also accused of engaging in several transactions and the sale of fuel oil donated by the World Bank, which violated established government regulations. When the matter was first scheduled for proceedings, lawyers representing the LACC informed assigned Judge Blamo Dixon that the state was discontinuing the matter against the defendants through a request for nolle prosequi.
This development comes while President Joseph Boakai is still trying to complete appointments at the Ministry of Justice. The only appointment made so far is that of the minister of justice and Attorney General, which may have influenced the LACC’s decision. According to Martin’s indictment, in August 2021, LACC received a tip-off from a whistleblower alleging that the management team at LWSC was engaged in acts of corruption.
The court document reveals, among other things, that an amount of US$99,000 was allegedly transferred from a project account belonging to the LWSC to a bogus offshore company, Hydro Conseil.
It also alleges that Hydro Conseil was hired by the management of LWSC to conduct feasibility studies, design, and prepare tender documents for the construction of civil and mechanical works to improve water delivery to Paynesville and Central Monrovia.
Unfortunately, the court records claim that the hiring was done contrary to the provisions of the Public Procurement and Concessions Commission regulations, the Project Implementation Manual, and that there was no evidence of work performed.
It also revealed that about 59,000 gallons of fuel were procured at the cost of US$177,730 by the management of the LWSC and the Project Implementation Unit (PIU), contrary to the procurement procedures laid out in the PPCC regulations and the PEM.
The indictment also alleges that with support from the World Bank, the procurement of the fuel was intended for the enhancement of the Liberia Urban Water Supply Project (LUWSP), especially during the Covid-19 pandemic, and that the said fuel was misapplied by the defendants for their personal benefit. Again, the court documents said, remittance (Water bill) paid by the Monrovia Club Breweries in the amount of US$13,000 was received, but said monies were allegedly misapplied and cannot be accounted for.
It alleges that based on the fraudulent expenditure and abuse of public funds by executives of the corporation, LACC’s enhancement division initiated an investigation and discovered the corrupt practices of the defendants.
They claim that the World Bank and the project implementation unit of the LWSC procured 59,000 gallons of fuel at the cost of US$177,730 from Petro Trade on April 21, 2020, through a request for Quotations (RFQ) method with voucher (#:LWSC/PIU/LUWP 2020/669) and check (#:00113851).
The supply, the indictment alleges, was intended to be used as emergency assistance during the Covid-19 pandemic for DE slashing operations as well as the Operations of the standby generator used to run high lift pumps at White Plains water treatment plant.
“Out of the 59,000 gallons of fuel supplied to the LWSC, 2,650 gallons were stored at LWSC Fiamah, Sinkor, Monrovia station. While 2,350 gallons were stored at the Fish Market Gantric,” the indictment alleges. The remaining 54,000 gallons were stored at White Plains water treatment plant in Caldwell Montserrado County, the indictment noted.
Contrary to the purpose of the fuel, which was intended for DE slashing operations as well as the Operations of the standby generators at the water treatment plant, on May 21, 2020, Kamara instructed and approved the receipt of 8,000 gallons of fuel.
Again, on June 1, 2020, the defendants received an additional 11,000 gallons, making it a total of 19,000 gallons that were taken to an unknown destination by George Nyenkan, head of material administration.
“The said fuel cannot be accounted for by the defendants, and it was also sold to a vendor whose name Nyekan said he cannot remember, and the proceeds, therefore, were divided among them,” the indictment alleges.
The LACC alleges that the defendants sold the fuel at a full market value of US$49,780 (then at the rate of US$2.62 per gallon), stressing thereby committing the act of economic sabotage, misuse of public money, property, and record. Theft of Property, misapplication of entrusted property, and criminal conspiracy.