Monrovia – What seems to be a legal tussle is currently ongoing days after Criminal Court “C” acquitted the CEO of Aminata and Sons of corruption indictment.

Report by Bettie K. Johnson-Mbayo/ betty.johnson@frontpageafricaonline.com

Siaka Toure was indicted in connection with the Japanese oil grant.

The government of Japan, during the period of 2011-2012, donated a consignment of oil valued up to US$13 million to the government of Liberia as part of its bilateral assistance to Liberia to assist the country in its reconstruction strive.

But the state said the oil products were reported to have been mismanaged by the Liberia Petroleum Refining Company (LPRC), leaving government at a loss of over US$5 million under the management of T. Nelson Williams.

Williams, former Managing Director of LPRC, former Deputy LPRC Managing Director for Operations, Aaron Wheagar, former Commerce Minister Miatta Beysolow, and Ministry of Commerce Director for Price Analysis, Steve Flahn Paye and the Managing Director of the Aminata Gas Company Toure were indicted in connection to the mismanagement of the grant.

In a recent press conference Mr. Toure accused the Liberia Anti-Corruption Commission (LACC) of falsifying evidence against him.

He said that the anti-graft body had no case against him on grounds that the two reports presented to the court during the trial were modified.

“The first report said we should pay US$16,000 which we did and the other report said we should be held for economic sabotage, which was unfair to a Liberian struggling company,” Toure said.

He averred that though it’s good to have such institution that will fight corruption on ground that it will help the country.

Aminata CEO added that those heading such institutions should be committed and not corrupt because the power given to them sometimes is counterproductive to their action performed.

During his press conference Mr. Toure said though he couldn’t provide evidence but alleged that the anti-graft body is involved in corrupt act that needs serious attention.

But the acting chairperson of the Liberia Anti-Corruption Commission Tuesday said that Commission was taking aback by the accusation raised by the Aminata’s CEO.

“The LACC considers such allegation as grave and therefore demands proof of this terrible accusation within 48 hours. Failure for Mr. Toure to substantiate his allegation will necessitate the Commission to take absolute advantage of remedies provided by the laws of the Republic of Liberia,” Cllr. Augustine Toe.

He revealed that the reports prepared by the Commission were not presented to the President or the Legislature.

“We didn’t indict him on any US$16,000, though it was mentioned in our report but the amount was stated because he didn’t do the audit as was required by the agreement.  Aminata and sons were jointly indicted along with others,” said Cllr. Toe.

He continued: “How can we falsify our own report? We presented our evidence; there is a pleading in law whereas if new evidence is discovered, we can amend the evidence and provide an amended evidence which we did in the case of the report.”

The Acting LACC chairperson said that Mr. Toure was misleading the public on grounds that the he (Mr. Toure) went to court and was proven not guilty, so he should “go and sin no more instead of accusing the Commission”.

“To accuse us of being corrupt, or to say we solicited money is a grave allegation, we will not be here and allow people repeal our character and reputation. So we are throwing this challenge so that he can come up. He’s a business man and an honest man so we are awaiting his proof so that we can wipe out the bad apple from our entity,” Cllr. Toe said.

When questioned why the two reports had the same date, Mr. Toe said that he was not sure that the two dates were correct and wondered where Mr. Toure took the two reports from.

On the lessons learned, the LACC Acting chairperson said that the Commission produced evidence overwhelmingly adding that the evidence corroborated with the audit GAC.

“So if this is the kind of country we want to build that people will steal from the Liberian people and go free, although we are disappointed by the judgment of the court but we respect the decision of the court, so if Liberians want the country to be like this then so it be.”

“We are not deterred by what has been said by the court, we have a mandate and we will live up to it. If in the wisdom of the judge that the defendants should be free of the charges then we have nothing to do but to accept”, he asserted.

Cllr. Toe said that though the court didn’t find Mr. Toure guilty but the Commission is still holding that he (Mr. Toure) did wrong and deprived Liberian of their just benefit.

“I disagree with the court but as a lawyer, the system is challenged. In the wake of all this, if the court can say no wrong then let’s challenge for them; so despite the ruling, we will go to the same court but if the court say not guilty we will still pursued our cases,” LACC acting chairperson.

Monrovia – Acquitted of the allegation of economic sabotage and misapplication of entrusted property and criminal facilitation by the court last Thursday, CEO of Aminata & Sons, Inc. now accuses the Liberia Anti-Corruption Commission (LACC) of falsifying evidence against him.

Report by Bettie K. Johnson-Mbayo/ betty.johnson@frontpageafricaonline.com

 “It is unimaginable that an anti-graft company which is supposed to be seen credible will falsify evidence just to spoil one’s repetition. All I can say is that I don’t have confidence in the Liberia Anti-Corruption Commission” – Siaka Toure, CEO – Aminata & Sons

In a press conference last Friday, Siaka Toure told reporters that the LACC had no evidence against him and that portions of the reports admitted into evidence by the LACC during the trial were fabricated – something he described as “unimaginable and frustrating”.

FrontPageAfrica could, however, not independently verify Toure’s allegation as all efforts to contact the LACC on the allegation proved futile.

The chairman of the LACC, Cllr. James Verdier is reportedly out of the country. His associates, including Cllr. Augustine Toe, could not be reached in person and via phone.

Toure was indicted in connection with the Japanese Oil Grant.

The government of Japan, during the period of 2011-2012, donated a consignment of oil valued up to US$13 million to the government of Liberia as part of its bilateral assistance to Liberia to assist the country in its reconstruction strive.

But the state said the oil products were reported to have been mismanaged by the Liberia Petroleum Refining Company (LPRC), leaving government at a loss of over US$5 million under the management of T. Nelson Williams.

Williams, former Managing Director of LPRC, former Deputy LPRC Managing Director for Operations, Aaron Wheagar, former Commerce Minister Miatta Beysolow, and Ministry of Commerce Director for Price Analysis, Steve Flahn Paye and the Managing Director of the Aminata Gas Company Toure were indicted in connection to the mismanagement of the grant.

Toure in an interview said that the anti-graft body had no case against him on grounds that two reports presented to the court during the trial were doctored.

“The first report said we should pay US$16,000 which we did and the other report said we should be held for economic sabotage, which was unfair to a Liberian struggling company,” Toure said.

In a soft tone, he alleged that the LACC’s aimed was to damage his character and reputation and damage his business.

The Aminata and Sons CEO recalled several struggles that the company went during the indictment of criminal charges, adding that the economic viability of the company became vulnerable.

He said the LACC was anxious to prosecute and convict the company like they had personal issues with the entity.

“It’s good to have such institution that will fight corruption because it will help the country but those heading such institution must be committed and not be corrupt because the power given to them sometimes is counterproductive to their action performed,” he said.

Consulting with lawyers

Though he couldn’t confirm if a lawsuit will be filed against the anti-graft institution, he disclosed that he will consult with lawyers on the possibility of taking some legal actions against the LACC.

“We will make sure that this doesn’t happen to other Liberian entities    so we will do all we can legally to stop the LACC from harming other Liberian companies. For us we are an innocent entity and they tried to prosecute us which was wrongfully done,” Mr. Toure said.

Formidable Company

Toure told journalists that despite the indictment and the court proceeding, the company has strived to remain competitive on the petroleum market.

“It’s like war in the petroleum business and I’m glad that we are free of the charges.

Now we can say we are set to face our competitors to allow the Liberian people know that we are a humble and growing company that will be compared to other companies out of Liberia and the regions,” he averred.

Chairman of the Aminata’s board, Emmanuel Togba, also acknowledged that though the company was affected the case; it remains resilient and will not be deterred from expanding its operations in the country.

On Thursday of last week, Criminal Court “C” Judge Emery Paye said the court took notice of the MOU executed by LPRC and defendant Toure on August 30, 2011.

In his ruling, Judge Paye said, in the mind of the court, only contracting parties could enforce the rights and obligations of the contract.

“If defendant had breached any provision of the MOU, LPRC by and thru the Government is the only party that has the legal right and standing to sue defendant for such breach.

“The LACC, an agency established to fight corruption in Liberia, cannot arbitrarily set aside or ignore the MOU between LPRC and defendant and proceed to prosecute the defendant for any perceived breach. Accordingly, the prosecution has failed to establish the commission of the crimes as alleged in the indictment by the defendant, hence prosecution case crumbled.

“Wherefore in view of we have said above this court is of the considered opinion that the prosecution failed to prove the guilt of the defendant beyond reasonable doubt. It is therefore, adjudged that the defendant Aminata and sons Inc., by and thru its CEO Siaka Toure is not guilty of the crimes charged in the indictment.

“The defendant is hereby ordered discharged without day from further answering the charges levied against him in the indictment and to go without let harassment, or molestation on account of this identical matter excerpt other valid matter not in connection with this case,” Judge Emery Paye ruled.

Monrovia – Aminata and Sons is the third to be let off the hook after its CEO, Siaka Toure, was indicted by the Liberia Anti-Corruption Agency (LACC) for the commission of multiple financial crimes and violating the Public Procurement Concession Commission (PPCC) laws in a case surrounding the Japanese oil grant.

Report by Bettie K. Johnson-Mbayo/ bettie.johnson@frontoageafricaonline.com

Toure was indicted for economic sabotage, misapplication of entrusted property, criminal facilitation, and criminal conspiracy.

The government of Japan, during the period of 2011-2012, donated a consignment of oil valued up to US$13 million to the government of Liberia as part of its bilateral assistance to Liberia to assist the country in its reconstruction strive.

But the state said the oil products were reported to have been mismanaged by the Liberia Petroleum Refining Company, leaving government at a loss of over US$5 million under the management of T. Nelson Williams.

Williams, former Managing Director of LPRC, former Deputy LPRC Managing Director for Operations, Aaron Wheagar, former Commerce Minister Miatta Beysolow, and Ministry of Commerce Director for Price Analysis, Steve Flahn Paye and the Managing Director of the Aminata Gas Company Siaka Toure were indicted in connection to the mismanagement of the grant.

The indictment alleged that defendant Toure and his cohorts willfully and intentionally connived, conspired to deprive the people of Liberia of the amount US$ 5,764,110.84.

According to the indictment, US$ 48,932.45 was criminally disbursed to Augusta Energy S.A. of which US$ 3,908,367.21 was converted by the defendants to their own use and benefits for the non-reflection of their 21.19 percent in the pump price. An additional amount of US$1,806,811.14 was diverted to their own use and benefits.

Toure waived his right to jury trial after being granted severance by the court.

Three witnesses of the prosecution took the stand including Deputy Director for General Auditing Commission Winsley Nanka, Aaron Henry Aboah of LACC,  and Patrick Nah, a mathematics instructor.

The prosecution’s first witness, Nanka, testified that while auditing LPRC, the issue of Japanese non-profit oil grant was brought to his attention and after reviewing the documents, he discovered that there were possible issues of abuses in the transaction.

He said he initiated the special audit of the Japanese oil grant.

“During the conduct of the audit several issues came to light including the gift element that was enshrined in the Japanese grant agreement was not passed down to the consumers at the pump price as indicated in the agreement.”.

“There were no evidence or awareness created as it was stated in the MOU.

There was no evidence of an audit conducted at the conclusion of the transaction; the revenue realized by the defendant was not disclosed.

The price set for the product was based on the expected quantity instead of the actual quantity that was lifted, thereby allowing the parties to the contract to unjustly earn an amount they were not entitled to,” Nanka told the court.

He testified: “The audit established that the MOU called for a minimum threshold amount to be deposited into the Government of Liberia account but that amount was a floor and not a ceiling, the defendant deposited the minimum threshold amount indicated in the MOU, but did not take into consideration that the Japanese oil grant was not intended for social and economic development of Liberia.”

Over 12 thousand metric tons of products were released to defendant for distribution in keeping with the term of the MOU.

The mixed product was released by quantity but there was no monetary value attached to each quantity released to defendant as was indicated in the report submitted by LPRC based on defendant’s lifting.

In his testimony, Aboah, the LACC second witness, alleged that the petroleum company, after selling the not-for-profit product, which included diesel and gasoline, “criminally managed to deposit an amount of US$8,504,177.50, holding back US$5,788,134.01.”

Aboah further alleged that the plot was uncovered during an audit conducted by the General Auditing Commission (GAC).

The witness claimed that Aminata & Sons also sold the product at the then market price of US$4.22 and US$4.37, without taking into consideration the gift element of the Japanese Oil of 21.19 percent of the market price.

He alleged that the company sold the products (both diesel and gasoline) for US$4.22 and US$4.37, of which the petroleum company realized a surplus amount of US$5,788,134.01, contrary to the agreed pump price.

Taking the witness stand, Defendant Toure said that records pertaining to the transaction were in possession of LPRC including an oral report.

He told the court that Aminata was the contracting agent and LPRC was the executing agent.

Also his entity was under the obligation to honor the price set by the Ministry of Commerce (MOCI) and the price set by both MOCI and LPRC not him.

Toure: “Aminata sold the products at the reduced price set by LPRC and MOCI, and I was not party to the price fixing as such, we do not know what the reduction was. The total amount of US$8.5 million being the cost of the product was accepted to us.

“The MOU and the letter from the Managing Director of LPRC clearly stated that we are to pay to the Government of Liberia account at the Central Bank of Liberia as directed by the letter as mentioned in the MOU. We therefore do not owe anything more, so I can say we do not owe the Government anything.”

Judge Emery Paye said the court took notice of the MOU executed by LPRC and defendant Toure on August 30, 2011.

He further stated in his ruling Thursday that in the mind of the court, only contracting parties can enforce the rights and obligations of the contract.

“If defendant had breached any provision of the MOU, LPRC by and thru the Government is the only party that has the legal right and standing to sue defendant for such breach,

“The LACC, an agency established to fight corruption in Liberia, cannot arbitrarily set aside or ignore the MOU between LPRC and defendant and proceed to prosecute the defendant for any perceived breach. Accordingly, the prosecution has failed to establish the commission of the crimes as alleged in the indictment by the defendant, hence prosecution case crumbled.

“Wherefore in view of we have said above this court is of the considered opinion that the prosecution failed to prove the guilt of the defendant beyond reasonable doubt. It is therefore, adjudged that the defendant Aminata and sons Inc., by and thru its CEO Siaka Toure is not guilty of the crimes charged in the indictment.

The defendant is hereby ordered discharged without day from further answering the charges levied against him in the indictment and to go without let harassment, or molestation on account of this identical matter excerpt other valid matter not in connection with this case,” Judge Emery Paye asserted.

Miatta Beyslow was to first to be released by court on grounds that the government failed to prove corruption charges pressed against her.

Nelson Williams’s indictment was dismissed following the court ruling which stated that the LACC did not bring in substantial evidence to gold the indictment.

Monrovia – The judge of Criminal Court “C” serving as Judge de facto is expected to hear the final arguments involving the Chief Executive Officer of Aminata and Sons, Siaka Turay, after which a verdict would be handed down.

Report by Bettie K. Johnson-Mbayo/ bettie.johnson@frontpageafricaonline.com

Suspect Turay was charged and indicted by the Liberia Anti-Corruption Commission (LACC) on multiple crimes including economic sabotage, misapplication of entrusted property, criminal facilitation, criminal conspiracy and violation of Public Procurement Concession Commission (PPCC) laws.

The alleged crimes are in connection to the alleged misapplication of a US$13 million oil grant from the Government of Japan.

The Government of Japan, during the period of 2011-2012, donated a consignment of oil valued US$13 million to the Government of Liberia as part of its bilateral assistance to Liberia.

But the State said the oil products were reported to have been mismanaged by the Liberia Petroleum Refining Company (LPRC), leaving the Liberian government at a loss of over US$5 million during the tenure of Managing Director T. Nelson Williams.

Williams, former Deputy LPRC Managing Director for Operations, Aaron Wheagar, former Commerce Minister Miatta Beysolow, and Ministry of Commerce Director for Price Analysis, Steve Flahn Paye and the Managing Director of the Aminata & Sons were all indicted.

Miatta Beyslow, a confidant of President Ellen Johnson Sirleaf was to first to be vindicated by court on grounds that the Government failed to prove corruption charges pressed against her within the legal stipulated time frame.

Williams’ indictment was also dismissed following the court’s ruling which indicated that the LACC did not bring in substantial evidence to prove the indictment.

The Aminata trial which lasted less than two weeks may end today with a final argument.

In the course of the trial, the state produced two witnesses, including an expert witness and several subpoena witnesses to prove the crime against the defendant.

The first witness of the state was the Deputy Auditor General Winsley Nanka revealed that there were several procedures that the defendant did not follow during their audit.

He said the proper price wasn’t set for Liberians to feel the presence of the gift neither was there a report of the generated revenue from the Japanese grant.

Prosecution’s second witness, Aaron Henry Aboah, program manager for enforcement at the Liberia Anti-Corruption Commission (LACC), disclosed on the witness stand that Aminata & Sons duped the government of US$5,788,134.01 as an excess income which the company unjustly accrued when they sold the Japanese Oil Grant.

The 15,000 metric tons of petroleum products valued at US$13,000,000 was donated by the government of Japan to the government of Liberia to be used to support development initiatives in the country under a grant arrangement, provision of which was conveyed in an Exchange of Notes between the donor (Japan) and the recipient (Liberia) in 2011.

In his testimony, Aboah, the LACC’s second witness, alleged that the petroleum company after selling the not-for-profit product, which included diesel and gasoline, the defendant “criminally managed to deposit an amount of US$8,504,177.50, holding back US$5,788,134.01.”

Aboah further alleged that the plot was uncovered during an audit conducted by the General Auditing Commission (GAC).

The witness claimed that Aminata & Sons also sold the product at the then market price of US$4.22 and US$4.37, without taking into consideration the gift element of the Japanese Oil of 21.19 percent of the market price.

He alleged that the company sold the products (both diesel and gasoline) for US$4.22 and US$4.37, of which the petroleum company realized a surplus amount of US$5,788,134.01, contrary to the agreed pump price.

According to Aboah, the LACC discovered the plot when they were contacted by Movement of the Downtrodden, a whistleblower.

“We received complaint from the Movement of the Downtrodden about the oil grant product transaction being awarded to Aminata & Sons which, they were warned, to reflect the pump price, so we invited the chief executive officer of Aminata & Sons, Siaka Turay,” the LACC witness claimed.

Aboah further alleged that at the investigation Turay denied any idea about the setting up of the new pump price.

“But, he failed to show the investigators any record to establish that he did not set the price.”

Aboah told the court that Aminata & Sons should have carried out a public awareness on the grant as stated in the Memorandum of Understanding, however, that did not happen.

Aminata & Sons, according to him, was requested to provide original invoices as well as other original supporting documentation to support the sale of the oil, but the company failed to provide the documents requested.

“On the issue of public awareness as indicated in the MOU,” the LACC witness quoted Turay as saying -“That money is still in my possession and I would make restitution.”

Aboah said, “We discovered that the product was wrongfully given to Aminata & Sons without the MOC and LPRC observing the Public Procurement Concession Commission (PPCC) that calls for a bidding process of which the two public entities did not exercise due diligence.

“As to the distribution of the product the record does not show as to how much was generated from each consignment that was turned over to Aminata & Sons.”

“The record only managed to show the quantity that was given to the company and did not reflect the amount that the product was sold for,” Aboah said.

Taking the witness stand, Defendant Turay said that records pertaining to the transaction were in possession of LPRC including an oral report.

He told the court that Aminata & Sons was the contracting agent and LPRC was the executing agent. According to his testimony, his entity was under obligation to honor the price set by the Ministry of Commerce and the price set by both MOCI and LPRC not him.

Turay: “Aminata sold the products at the reduced price set by LPRC and MOCI; and I was not a party to the price fixing as such, we do not know what the reduction was, the total amount of US$8.5 million being the cost of the product was accepted to us.

“The MOU and the letter from the Managing Director of LPRC clearly stated that we are to pay to the government of Liberia account at the Central Bank of Liberia as directed by the letter as mentioned in the MOU.”

“We therefore do not owe anything more, so I can say we do not owe the Government anything.”