Africa-Press – Liberia. The Supreme Court of Liberia has exonerated former Minister of Justice and Attorney General Cllr. Frank Musa Dean of personal liability in the long-running controversy surrounding a 53.3-carat diamond, ruling that the lower court improperly enforced the High Court’s mandate against him.
In a decisive opinion delivered by Chief Justice Yamie Quiqui Gbeisay, Sr., the Supreme Court held that its earlier mandate did not name or hold Cllr. Dean personally liable for restitution of the diamond or its monetary value, contrary to actions taken by the trial court.
“That in the instant case, the Mandate in question ordered the Government of Liberia, through the Ministry of Mines and Energy, to make restitution of the diamond or its monetary equivalent,” the Chief Justice stated.
“Nowhere in the Mandate or the Judgment of this Court was the informant personally named or held liable.”
The Court further ruled that the bill of information filed to enforce the mandate against Dean was procedurally improper.
“WHEREFORE, AND IN VIEW OF THE FOREGOING, the bill of information not being the proper course of action, we however hold that the trial court proceeded improperly in the enforcement of the Mandate of this Court,” the ruling declared.
Dean Responds: “Stop the Generalization”
Following the Supreme Court’s ruling, Cllr. Frank Musa Dean welcomed the decision and cautioned against what he described as a growing tendency to criminalize public service in Liberia.
“Not everyone who serves in government is corrupt. Stop the generalization,” Dean said.
“It is becoming a crime to serve in government. Sooner or later, good people will begin to refuse public service, leaving the space open to corrupt and unpatriotic individuals.”
Cllr. Dean, a former Minister of Justice and Attorney General, said the ruling vindicates his long-held position that he acted strictly within the scope of his official duties.
He further lamented what he described as a culture of resentment and hostility, urging Liberians to embrace a more constructive outlook.
“Too many Liberians are seething with hate, anger, envy, and jealousy. Cultivate positive energy and stop using your time and energy to tear others down,” he said.
Reflecting on his tenure, Dean noted that despite facing criticism from both inside and outside government, he remained committed to the rule of law.
“When I served as Minister of Justice, I was lambasted by all sides, but I remained steadfast,” Dean said. “Fairly and transparently, I presided over the security apparatus during our recent elections without any major incident.”
The Supreme Court’s decision now clears the way for the Civil Law Court to continue proceedings involving other parties named in the matter.
Background of the Case
The dispute originates from a 2023 incident involving the discovery of a 53.34-carat rough diamond in Smith Town, Gbarma Mining District #2, Gbarpolu County.
Competing ownership claims emerged between local miners T. David Sluward and Abraham Kamara, represented by former Solicitor General Cllr. Sayma Syrenius Cephus, and the Government of Liberia, which argued that the mining license for the claim had expired. Under Section 9.9 of the New Minerals and Mining Law of 2000, the government maintained that ownership reverted to the state.
In 2024, the Supreme Court ruled in favor of Sluward and Kamara, recognizing them as the lawful owners of the diamond and mandating Judge Boima Kontoe to enforce its judgment.
However, Judge Kontoe’s enforcement order went beyond restitution. It directed the arrest and detention of several former officials, including former Mines and Energy Minister Gesler Murray, former Assistant Minister Emmanuel T.T. Swen, Diamond Dealers Association President Mustapha Tounkara, Ishaka Conneh (alias “Bakut”), and appraiser Korvah Baysah, who were jailed at the Monrovia Central Prison.
Supreme Court Clarifies Its Mandate
In its opinion delivered by Chief Justice Yamie Quiqui Gbeisay, Sr., the Supreme Court ruled that its mandate—arising from the judgment against the Government of Liberia—could not lawfully be enforced against individuals who were neither personally named nor adjudged liable.
Justice Gbeisay clarified that the Court ordered the Government of Liberia, acting through the Ministry of Mines and Energy, to make restitution of the diamond or its monetary equivalent. The Court held that a bill of information was not the proper mechanism for enforcing personal liability against former officials.
Dean’s Legal Argument
Dean had earlier petitioned the Supreme Court to halt enforcement of Judge Kontoe’s ruling, arguing that neither his name nor the Ministry of Justice appeared anywhere in the judgment being enforced.
“The judgment names the Minister of Mines and Energy, his deputies, assistant ministers, directors, and persons acting under their authority,” Dean’s filing stated. “At no point is my name mentioned, nor is the Ministry of Justice referenced.”
Dean further emphasized that the Ministry of Justice’s role was limited to providing a legal opinion—based on documents submitted by the Ministry of Mines and Energy—that the mining license had expired.
“No further opinion was issued, and no further action was taken by the Ministry of Justice,” he maintained.
He had also requested that Judge Kontoe, along with Sluward and Kamara, be cited to appear before the Supreme Court to show cause why they should not be held in contempt for what he described as a misapplication of the Court’s mandate.
Diamond Dispute and Government Role
Dean’s argument relied heavily on a January 3, 2023 press release from the Ministry of Mines and Energy, which detailed the disposition of the diamond. According to the release, the dealer/exporter paid US$80,146.78 to the Government of Liberia, including US$30,116.42 in royalty tax and a US$50,000 fine, imposed because the diamond was purchased from an expired mining claim.
Dean argued that this record demonstrates that the Ministry of Justice had no administrative or financial role in the diamond’s sale and that its only involvement was legal advice.
He also referenced a Joint Security Board of Inquiry established in April 2023, comprising representatives of the Ministry of Justice, Ministry of Mines and Energy, Executive Protection Service (EPS), Armed Forces of Liberia (AFL), and the National Security Agency (NSA). The Board concluded that the diamond was discovered on a claim whose license had expired nearly a year earlier.
Legal Significance
Legal analysts say the Supreme Court’s ruling reinforces the principle that state liability cannot be transferred to individuals without explicit judicial findings. The decision also clarifies the limited scope of a bill of information and underscores the need for strict adherence to procedural law.
The ruling effectively ends attempts to personally sanction Cllr. Frank Musa Dean in the diamond dispute, while leaving intact any restitution obligation that may rest with the Government of Liberia.
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