Africa-Press – Liberia. Former Minister of Justice and Attorney General of the Republic of Liberia, Cllr. Frank Musah Dean, Jr., has filed a Bill of Information before the Supreme Court of Liberia, challenging what he describes as an unlawful attempt by a lower court judge to hold him personally liable and order his arrest in connection with a long-running diamond ownership dispute in Gbarpolu County.
In the petition, filed on October 23, Cllr. Dean seeks the Supreme Court’s intervention against His Honour J. Boima Kontoe, Assigned Circuit Judge of the Civil Law Court, Sixth Judicial Circuit, Montserrado County, and other respondents, including the Sheriff of the Court, T. David Sluward, Abraham Kamara, and Mohammed “JR” Kamara, all holders of Class “C” mining licenses in Gbarpolu County.
The matter stems from the discovery of a 53.34-carat diamond in Smith Town, Gbarma Mining District Number Two, Gbarpolu County, in April 2022, which sparked widespread controversy and competing ownership claims.
According to the Bill of Information, the diamond was found on a claim whose mining license had expired nearly a year before the discovery.
The Ministry of Mines and Energy reportedly informed the Ministry of Justice that the license for “Claim #12F/Survey” expired on May 25, 2022, and that the claim holders only made payment for a new license on April 28, 2023, a week after the diamond was discovered.
Based on this, the Ministry of Justice, under Dean’s leadership at the time, advised that the diamond legally belonged to the Government of Liberia, as mineral rights under expired licenses revert to the state under Section 9.9 of the Minerals and Mining Law (2000).
Cllr. Dean cited Article 22(b) of the 1986 Constitution of Liberia, which states that private property rights do not extend to mineral resources beneath the land, emphasizing that the Government should have been the seller of the diamond and the proceeds deposited into national revenue.
In August 2024, the Supreme Court of Liberia, in an opinion delivered by Chief Justice Sie-A-Nyene G. Yuoh, ruled that the diamond be returned to the miners, T. David Sluward and Abraham Kamara, or that they be paid its fair market value.
However, the Court clarified that the proper party in the case was the Government of Liberia, by and through the Ministry of Mines and Energy, not individual ministers or agents of government agencies.
Despite this clear distinction, the Civil Law Court, presided over by Judge Kontoe, allegedly attempted to enforce the judgment against Cllr. Dean and other former officials, including former Mines Minister Gesler Murray, and officials of the Diamond Dealers Association of Liberia.
“Travesty of Justice”
In his petition, Dean strongly objected to the Civil Law Court’s actions, describing them as a “travesty of justice.”
He stated that he was never served notice of a court conference scheduled for September 29, yet the presiding judge issued a ruling dated September 26, ordering his arrest and that of other individuals, including former Assistant Minister Emmanuel T. T. Swen.
“How is it that the judge ruled on September 26, reassigning the matter to September 29, and yet delivered a ruling dated the same day ordering arrests?” Dean questioned in his filing, suggesting that no hearing was ever held.
Cllr. Dean argued that as former Attorney General, he acted within his statutory and constitutional authority in providing a legal opinion to the Ministry of Mines and Energy.
He maintained that the Minister of Justice cannot be held personally liable for official legal advice rendered to government agencies.
Citing Article 21(i) of the Constitution, Dean emphasized that the lawyer-client relationship is inviolable, and lawyers are immune from government sanctions or punishment for performing their professional duties.
He further argued that he was never a party to the original case and therefore cannot be bound by its judgment.
The Government of Liberia, not individual officials, is responsible for satisfying the Supreme Court’s judgment.
The case is civil in nature and not one for which individuals can be imprisoned under Section 44.71(2) of the Civil Procedure Law.
Request to the Supreme Court
Dean’s Bill of Information requests the Supreme Court to hold Judge Kontoe and others in contempt for attempting to irregularly enforce the Court’s mandate; restrict the Civil Law Court from holding him personally responsible for his official legal opinion; affirm that only the Government of Liberia, through the Ministry of Mines and Energy, is liable to satisfy the judgment; and restrain any further arrests or enforcement actions against him or other individuals not party to the original suit.
The Bill of Information is co-signed by Cllr. J. Johnny Momoh, with Cllr. Dean is representing himself.
The case underscores the growing tension between the judiciary and executive officials over accountability for official decisions and the extent of ministerial immunity in Liberia.
It also highlights ongoing challenges in the governance of the mining sector, where overlapping claims, license expirations, and administrative lapses have frequently led to disputes over resource ownership.
As the Supreme Court prepares to review the petition during its October Term, A.D. 2025, legal observers say the outcome could set a significant precedent for ministerial liability and the enforcement of judgments involving the Government of Liberia.
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