MONROVIA – Cllr. Tiawon Gongloe who represents the legal interest of FrontPageAfrica Newspaper has called on the Civil Law Court to dismiss the libel suit filed by Sinoe County Senator J. Milton Teahjay because he lacks the legal ground to sue the newspaper in the instant case.

Report by Lennart Dodoo, ldodoo@frontpageafricaonline.com

Responding to the complaint on behalf of FPA, Cllr. Gongloe argues that the law of defamation does not protect a public official in the same way it does an ordinary person in society.

This, according to Cllr. Gongloe, is because as a public official, Sen. Teahjay is open to public scrutiny at all times and at the same time, he has the ability and right to counter any unfavorable statement made about his public conduct.

“Further to the complaint, Defendant (FrontPageAfrica) says that the courts will not entertain action of damages for every expression or publication made about a public figure as to do so would create a chilling effect on freedom of expression which is one of the cornerstones of building a democratic society, hence, action of damages in this case will not lie as to all counts of the complaint,” FrontPageAfrica’s response contended.

Cllr. Gongloe also stated that Senator Teahjay failed to prove in complaint that the management of FrontPageAfrica was reckless and acted with malice when it published the allegation of him receiving a bribe of US$20,000 from Cllr. A. N. Nwabudike to have him confirmed.

The newspaper’s response argue that Senator Teahjay cannot rely on malice per se to claim damages for libel as the law requires persons of his status to prove actual libel as a precondition for recovery.

Cllr. Gongloe challenged Sen. Teahjay to show actual malice, reckless disregard to the truth and an impossibility to counter in the mass media a publication that could have negative impact on him before he can recover from a publication that he claims is untrue about him.

“Further to the complaint, Defendant (FrontPageAfrica) says that the courts will not entertain action of damages for every expression or publication made about a public figure as to do so would create a chilling effect on freedom of expression which is one of the cornerstones of building a democratic society, hence, action of damages in this case will not lie as to all counts of the complaint.”

– FrontPageAfrica’s Response to Sen. Teahjay’s Libel Suit

“Further to the entire complaint, defendants say that although plaintiff has averred that the statements complained about has damaged his reputation, he has pointed to no negative development regarding whether or not people still respect him or whether he has been denied certain opportunities; no political party has advocated his removal from office following the publication that forms the basis of this action and he still occupies his position as Senator of Sinoe County. It is a principle of law in this jurisdiction that ‘where there is no injury the law gives no remedy’.

Cllr. Gongloe on behalf of FrontPageAfrica further argued that Sen. Teahjay’s claim for damages cannot lie because the allegation of bribery he complained about as published was not an affirmative statement, rather speculation about the conduct of the public official based on information made available to the newspaper by a source given the history of secrecy regarding questionable financial transaction involving members of the legislature over the years.

The response to Sen. Teahjay’s complaint captured that the publication was balanced as it contained the Senator’s denial of receiving bribe as alleged by the source. “It was a balanced story that published all sides of the story for the benefit of the public and the plaintiff, given the public interest nature of the story and the position of the plaintiff as a public official.”

Monrovia – Senator Milton Teahjay, one of the Unity Party Executive members, has been heard on tape campaigning against the Party’s Representative candidate in District #3 Sinoe County, Matthew Zarzar.

Report by Henry Karmo – henry.karmo@frontpageafricaonline.com

Sen. Teahjay, a former superintendent of Sinoe County who ran and won in 2014 as Senator against Monbutu Nyenpan, has not been on good terms with the UP candidate Zarzar who is currently serving as Sinoe County District #3 Representative.

Mr. Zarzar refused to comment on the matter when he was contacted by FrontPageAfrica.

The rift between the two lawmakers from Sinoe can be dated as far back as 2013 when Teahjay was imprisoned by the legislature based on a complaint filed against him by Zarzar while he served as the County Superintendent. He was accused of obstructing Zarzar’s legislative functions.

In 2013 Zarzar wrote the then Speaker, Alex Tyler, and members of the House of Representatives requesting for the appearance of Teahjay, then Superintendent of Sinoe County before the House plenary to clarify among several accusations, obstruction and impeding his legislative duty on June 8, 2013, in the Voice of Sinoe studio.

Senator Teahjay, Superintendent at the time, was ordered jailed at the Monrovia Central Prison for 48 hours for contempt after he admitted flogging Rep. Mathew Zarzar and repeatedly lying under oath on issues relating to the misuse of the county development funds.

Members of the House of Representatives also fined Sinoe County’s, assistant supt. for development Romeo Quiah LD4, 999.99 for “lying under oath before the plenary.”

In the recording in the possession of this paper, Senator Teahjay was heard promising to use the UP campaign materials to campaigning for an outsider.

“I am going back to Monrovia for my UP campaign materials and will be back in a week, I will ensure that I campaign for Korlo.”

“Those who don’t know the truth; the President of this country and the VP who in few weeks will become president are supporting this man. What you have here for District 3 on the UP ticket is an empty sheet of paper.”

“I feel bad all the time when I go around and see there is not much change since I was here 30-40 years ago, then I ask why it is like this?

Is it that Mr. Teahjay and Nangbe hate the Sarpo people?

I don’t think so, but there are two reasons you the Sarpo people have an opportunity to send somebody who will have feelings for you and not someone who is paying legal bills for children in prison in the US.”

Mr. Teahjay who has always been accused of preaching tribal politics in Sinoe could not hide his feeling when he said: “this is the opportunity we have all looked for as Sarpo family, to join to build our county and that opportunity is represented by Shadrick Korlo. 

The Speaker (Nuquay) told me that the president has instructed him (Nuquay) to handpick someone who they can support despite the presence of a UP candidate who is Matthew Zarzar.”

He also claimed that the people of District #3 in Sinoe County have given Zarzar power repeatedly, while Zarzar has not given them anything back.

Mr. Teahjay also accused Zarzar of breeding confusion in the county legislative caucus.

Monrovia – Sinoe County Senator Milton Teahjay continues to be on the run as sheriffs are in search of him to answer to crimes of economic sabotage, misapplication of entrusted property, criminal conspiracy, criminal facilitation, violation of Public Procurement Concession Commission (PPCC) Processes and procedures for awarding contracts.

Report by Lennart Dodoo – ldodoo@frontpageafricaonline.com

He was indicted alongside T. McDonald Wlemus, Jr. former Development Superintendent of the county.

FrontPageAfrica has been informed that since the indictment was issued on March 1, 2017, Sen. Teahjay is yet to be found as his whereabouts remain unknown. He has also not been attending sessions at the Senate, this paper observed.

The indictment, which originates from an investigation conducted by the Liberia Anti-Corruption Commission (LACC), accused the former Sinoe County Superintendent and his deputy of expending US$50,000, representing 30% of land rental fees entrusted to Teahjay and Wlemus by the Government for the development of the county.

“In addition, Teahjay illegally disbursed, used and expended without any evidence, US$12,000 of proceeds realized from sales of rubber seized from illegal tappers from the SRC plantation,” the indictment statement.

“Therefore, the defendants did knowingly, feloniously, purposely, criminally, maliciously, willfully, and intentionally steal, pilfer, take and carry away, exercise unauthorized control over and converted the total amount of US$12,000 to his own use and benefit and or the use of benefits of others.”

Further to the litany of charges allegedly committed, the indictment disclosed that “defendant J. Milton Teahjay awarded contracts valued at US$764,500 to individuals and or companies without the processes and procedures required for the awarding of such contracts.”

Giving a breakdown of how the various crimes were committed, the indictment revealed that during December 2009 and March 2012 Defendants Teahjay and Wlemus, using their positions and authority as Superintendent and Development Superintendents respectively, took advantage of their influence as chief custodians of all county and social development funds and other monies allocated to the county and created the opportunities to embezzle the total amount of US$50,000 without the consent of and approval of the Ministry of Internal Affairs.

“The amount, which was received from Forestry Development Authority (FDA), was intended for development purposes which would have been determined by the County Development Agenda emanating from the county council resolution, however, they, not being mindful of their fiduciary duties to the people of Sinoe, wrongfully, feloniously, illegally converted the money.”

US$35,000 of the money, according to Teahjay, as stated in the indictment, was used to purchase a Mitsubishi jeep for the use of the county authorities without any evidence of the purchase of such jeep or accountability for the vehicle or its scraps.

According to the indictment, on the contrary, the government in 2008 purchased and distributed Mitsubishi Pajero jeeps to all county superintendents including co-defendant Teahjay.

He also allegedly received from SRC, resources intended for social development fund in the tone of US$12,000 of US$17,000 and allegedly converted same into his personal use, thereby committing the crime of economic sabotage.

Explaining how defendants Teahjay and Wlemus violated PPCC laws, the indictment revealed that Teahjay, in his capacity as Superintendent and being charged with the responsibility as Chairman of the County Procurement Committee to ensure that all required PPCC processes and procedures regarding the awarding of contracts to individuals or companies were followed, did knowingly and wrongfully award seven development projects at a total contract value of US$764,500.00 in total disregard for the required PPCC bidding process and procedures.

“That though the contract value of each of the seven projects was above the threshold of US$10,000 and therefore required bidding processes and procedures as provided in the PPCC Act and its regulations, Co-defendant Teahjay for his own benefit and or benefit of others awarded the below development projects to individuals and or companies without due regard to the required PPCC processes and procedures.

In some instances, contracts were awarded full and or substantial amounts paid to individuals and or companies that did not have the capacity and or ability to perform which situation led to the delay in performance while other projects are on-going.

The conducts of the Co-defendant, Teahjay are in gross violation of the laws controlling in such cases.”

Monrovia – The Third Judicial Circuit Court of Sinoe County has issued a Writ for the arrest of Senator Milton Teahjay who once served as Superintendent of the county and his then assistant for development, Thomas Romeo Quioh.

Report by Henry Karmo – henry.karmo@frontpageafricaonline.com

FrontPageAfrica has reliably learnt that writ was issued at the behest of the Liberia Anti-Corruption Commission (LACC), but Cllr. Augustine Toe, a commissioner at the LACC, could not confirm nor deny the issuance of the writ when contacted by the FPA.

The duo has been indicted for the commission of economic sabotage, misapplication of entrusted property and criminal conspiracy.

The General Auditing Commission in a 2013-2014 audit report of Sinoe County Development Fund (CDF) recommended that Teahjay, Quioh, PMC Chairman Bedjue Maccully should be held accountable for the US$215,880.00 unsupported payments.

The report outlines several financial improprieties allegedly carried out by Teahjay and his suspected cohorts while he served as Superintendent.

According to the GAC report, the Sinoe County Administration and Project Management Committee (PMC) received the total amount of US$500,000.00 during the fiscal years 2011/2012 and 2012/2013 from the Government of Liberia as County and Social Development Funds.

This amount included a funding of US$200,000.00 from the Government of Liberia as CDF during the 2011/ 2012 fiscal year and US$300,000.00 as SDF from NOCAL and Putu Iron Ore Mining Company, both of whom provided 50% each to facilitate social-economic development in Sinoe County.

The bank balance brought forward from 2010/2011 amounted to US$46,381.60. 

Confirmation received from MOF on November 4, 2013, indicated that the amount of US$575,000.00 was disbursed to the Sinoe County Administration as CDF & SDF during the month of September 2013 after the end of the fiscal year 2012/2013.

According to the MOF, said amount was intended for the fiscal year 2012/2013, with the total amounting to US$1,075,000.00 for both  Social and County Development Funds for the fiscal periods 2011/2012 and 2012/2013.

This created a difference of US$575,000.00 between the Sinoe County Report and confirmation received from the MoF.

However, analysis of the CDF and SDF bank statements, according to the GAC, showed that the difference of US$575,000.00 was actually received by the County Administration during the month of September 2013 after the close of the fiscal year 2012/2013.  

For the periods under audit, financial activities and the conduct of the affairs of Sinoe CDF and SDF were marred by financial irregularities and significant control deficiencies for a number of projects undertaken by the County Administration and the PMC.

These irregularities and control deficiencies were made possible because the Sinoe County Administration and the PMC did not execute the CDF and SDF consistent with the contractual terms and conditions, the PPC Act of 2005 and 2010, the Budget Laws of 2011/2012 and 2012/2013, the PFM Regulation, as well as other regulatory frameworks, the GAC observed.  

The GAC also observed that the Special County Development Council (SCDC) approved 74 projects, programs and other activities at the total cost of US$2,646,870.00 through two separate resolutions for the period under audit. But the Sinoe County Administration undertook 12 projects out of the 74 projects approved by the SCDC.

From the GAC’s physical verification of these 12 assumed projects and review of documents provided for the audit, it was observed that six projects were abandoned, two were ongoing [at the time], three were completed and one was inaccessible therefore, could not be verified due to bad road condition at the date of our physical verification in October 2013. 

The GAC further noted non-adherence to the General Business Law of Liberia during the course of the audit.

A communication was sent to the Liberia Business Registry in order to obtain assurance that the requirements of the General Business Law of Liberia on the application for registered and legal businesses were complied with.

However, the confirmation received from the Liberia Business Registry revealed that six Sinoe CDF/SDF projects contractors were not legally registered businesses in Liberia and were awarded construction contracts totaling US$251,500.00 during the periods under audit.  

Auditors also observed that Section 8(b), and Section 8(a) of the 2011/2012 and Section 9(b) of the 2012/2013 Budget Laws were ignored by the Sinoe County Administration. Payments in the total amount of US$23,059.00 were made for various purposes without reference to the Special County Development Council resolutions for the 2011/2012 & 2012/2013 fiscal years.  

Review of Sinoe CDF/SDF contract documents noted that the ministries of Finance and Justice did not participate in the US$495,650.00 Greenville Electrification contract entered into by the County Administration and PMC on one hand, and the Trans Africa Trading Company. It was observed that this transaction is in violation of Section (10) of the PPC Regulations and Section 24, subsection 4 of the PFM law. 

Similarly, the Sinoe County Administration operated four bank accounts for CDF/SDF without regard to the budget laws. A review of Sinoe County bank statements revealed that sixteen payments amounting to US$71,157.20 in the fiscal year 2011/2012 were made without evidence of payment vouchers.  Also, 32 payments amounting to US$144,723 for the 2012/2013 fiscal year were also made without evidence of payment vouchers. 

Analysis of documents submitted for audit revealed that the PMC awarded scholarships valued at US$20,170.20 to students from seven schools without management putting in place a policy for guidance in the process.

Also, during the periods under audit, the Sinoe County Administration failed to maintain a fixed asset register for assets acquired.

In addition, there was no evidence that the Sinoe County Administration adopted a policy on the acquiring and disposing of its fixed assets or adhered to the PPC Act on the disposal of fixed assets.

The GAC audit report further explained that The Sinoe County Administration received funding from three sources during the periods under audit.

According to the PMC Chairman, Bedjue MacCully, the County received the amount of US$200,000 from the Government of Liberia as County Development Fund (CDF) during the 2011/2012 fiscal period.  

In the fiscal period 2012/2013, the County received US$300,000 as SDF from NOCAL and Putu Iron Ore Mining Company both of whom provided 50% each to facilitate socioeconomic development in Sinoe County. 

The auditors sought confirmation from the Ministry of Finance as to how much money was disbursed to Sinoe County as County and Social Development Funds during the periods under review.

The Ministry of Finance through the former Deputy Minister for Expenditure and Debt Management, Angela Cassel-Bush in a communication dated 4 November 2013, informed the audit team that the MoF disbursed to Sinoe County US$500,000 in County and Social Development Funds during the fiscal year 2011/2012 and US$575,000 during the fiscal year 2012/2013 totaling US$1,075,000.00 for the periods under audit.  

This created a difference of US$575,000.00 between the Sinoe County Report and confirmation received from MOF.

However, analysis of the CDF and SDF bank statements showed that the difference of US$575,000.00 was actually received by the County Administration during the month of September 2013, two months after the fiscal year 2012/2013.

In addition to funding received during the periods under review, a brought forward amount from the 2010/2011 fiscal year amounted to US$46,381.60 which was captured on the bank statements presented for review.

Thus, the grand total amount received by the Sinoe County Administration for the periods under audit, as verified from confirmation result and bank statements analysis amounted to US$1,121,381.60. 

The auditors review of the February, March and April, 2013 County Resolution, observed that the total budgetary allotments of Sinoe County for the Fiscal year 2012/2013 amounted to US$1,024,000.00.

The breakdown of this amount included, a CDF of US$200,000.00 from GOL, US$525,000.00 SDF from PIOM, US$200,000.00 SDF from Africa Petroleum Block 8 & 9 and US$99,000.00 from Geeblo Logging Company. 

However, confirmation received from the Ministry of Finance on November 4, 2013 indicated that the county received US$575,000 comprising US$200,000 as CDF and US$375,000 as SDF for the 2012/2013 fiscal year.

The GAC also observed that the amount of US$30,329.00 was expended by the County Administration and PMC to monitor and administer projects for the fiscal years 2011/2012 and 2012/2013. 

The Special County Development Council (SCDC) approved a total of seventy four projects, programs and other activities through two separate resolutions dated June 1-2, 2012 and February 6 through April 3, 2013.

These projects, programs and other activities were targeted to be implemented at the total cost of US$2,646,870.00. Of the seventy four projects, programs and other activities approved by the SCDC, twelve projects were undertaken by the Sinoe County Administration at the total cost of US$986,049.65.

From physical verification conducted and review of documents provided us during the course of the audit, we observed that six of the targeted projects were abandoned, two were ongoing as at the date of our physical verification on October 15, 2013, three were completed and one could not be verified due to bad road condition.

The GAC: “From analytical review of the Sinoe CDF/SDF Financial Reports, we observed that the ending cash balance for 2011/2012 was US$9,415.00 and the beginning cash balance for 2012/2013 was US$16,864.85.

However, our review of the bank statements of the CDF and SDF Accounts maintained at the Ecobank and First International Bank revealed that the ending bank balance for the fiscal year 2011/2012 amounted to US$18,331.90 which should be the beginning bank balance for the fiscal year 2012/2013.

The disparity of the beginning cash balance of 2012/2013 and the ending cash balance of the preceding year rendered the PMC Reports incorrect and unreliable.”

The GAC, among other things, recommended that Teahjay, Quioh and MacCully should provide explanation for as erroneous ending bank balance of US$16,864.85 for fiscal year 2011/2012 instead of the actual ending bank balance of US$ 18,331.90 for 2011/2012. 

Teahjay, Romeo Quioh and MacCully should perform timely reconciliation of the CDF/SDF bank accounts and provide same to the GAC for validation.