Nice Cream Reopens – Challenges Commerce Ministry Decision

Monrovia – An order from the Monrovia City Court to close Nice Cream for violating the Investment Code short lived as the Civil Law Court over turned the decision on grounds that the Monrovia City Court does not have jurisdiction to close down an investment that is worth over US$10,000 as it is a magisterial court.

Report by Al-Varney Rogers alvarney.rogersfrontpageonline.com

“The Ministry proceeded to magisterial court which is the lower court; we also have the right to go to the very court and seek remedy. The civil law court has put an injunction on the action of the lower court” Eric Nagbe, Nice Ice Cream

Lawyer representing Nice Ice Cream, Cllr. Arthur Johnson, petitioned the Civil Law court indicating that the stay order issued by Magistrate J. Kennedy Peabody of the court was illegal. He explained in the petition for a summary proceeding that the magisterial court did not have the authority to determine the violation of the Investment Code and the General Business Law of the Republic of Liberia, specifically when the subject matter of amount is above US$2,000.

Concurring with the petition, the Civil Law Court ordered the immediate opening of Nice Ice Cream, saying it was a procedural error by the Monrovia City Court to have it closed.

Nice Ice Cream was ordered closed by the Monrovia City Court last Thursday after the Ministry of Commerce and Industry complained to the court that the local business, believed to be owned by Lebanese nationals, was operating in violation of the Investment Code General Business Law.

A writ of summons issued by the magisterial court on Nice Ice Cream indicated that they were “operating business in the Republic of Liberia, purposely and intentionally did violate section 4.11 of the Investment Code and General Business Laws of the Republic of Liberia during the course of business, thereby deceiving the Government of Liberia.”

The Investment Code and General Business Law stipulates that the local production of ice cream must be operated by Liberian citizens only. However, the Ministry of Commerce complained that the owners of the business manipulated the registration process by using a Liberian to register the business.

In a counterargument backed by documents in the possession of the FrontPage Africa, Jak’s Flavors, which produces the ice cream for Nice Ice Cream, is owned by John Abu Kamara, a Liberian.

Speaking to FrontPage Africa, Tax Accountant Consultant, Eric Nagbe, said Jak’s Flavors produces the ice cream and sells to Nice Ice Cream, which is owned by a Lebanese national known as Mohamed Shaiki. Nice Ice Cream was registered to provide restaurants and mobile food service activities.

Nagbe said the opening of Nice Cream was in line with the law, adding that it is comical for anybody to think that they were circumventing the law.

“It is very much comical for people to think we will violate the court order and not get arrested and incarcerated, the law is there for everybody,” Nagbe added.

“The Ministry proceeded to magisterial court which is the lower court; we also have the right to go to the very court and seek remedy. The civil law court has put an injunction on the action of the lower court.”

Nagbe rubbished allegation that Nice Ice Cream manipulated the Ministry of Commerce adding that they did not hide their identity during the business registration process.

“The people are operating a restaurant apart from the ice cream; they sell pastries, the very sharks sells her ice cream to super markets and if a Liberian is producing and Nice Ice cream is buying so what’s the problem?” He asked.

 Nagbe said that the Ministry of Commerce’s action was scaring investors, adding that they were protecting one person at the expense of other businesses.

“If this is a Liberianization Policy, let them protect Jak’s Flavor. 

It can be recalled that a Liberian ice cream manufacturer and owners of Sharks Ice Cream, Eyvonne Bright Harding had filed a complaint that Nice Ice Cream was not owned by a Liberian.

Harding said that it was frustrating for the government to allow foreigners to compete with Liberians in businesses that are set aside for Liberians.

Harding in 2015 filed a similar complaint against Era Supermarket, which led the Ministry of Commerce to shut down the production of ice cream at the supermarket.    

Eyvonne: “We have been around for 20 plus year. We have been in manufacturing and retailing and we are talking about opening a factory – this is one of those businesses set aside for Liberians.

“Of late, we have to engage the commerce ministry in order to up hold the law. In couple of months, we see another ice cream shop on 9th Street; we’ve been trying through the government to know why they are operating.”

Harding is on record for ensuring that the government to put a stop to Era Supermarket’s ice cream production.