MONROVIA, Liberia – The Supreme Court of Liberia has ruled that court mandates cannot be enforced against individuals who were not expressly named or adjudged liable, reinforcing limits on judicial enforcement in a long-running diamond dispute from Gbarpolu County.
The ruling arose from a Bill of Information filed by former Justice Minister and Attorney General, Cllr. Frank Musa Dean, challenging his alleged personal liability in the handling of a 53.34-carat diamond discovered in Smith Town, Gbarma Mining District #2. Counselors Sayma Syrenuis Cephus, Kabineh M. Ja’neh, and M. Wilkins Wright represented the respondents.
In its judgment, the Supreme Court held that a Mandate previously issued against the Government of Liberia, through the Ministry of Mines and Energy, ordering restitution of the diamond or its monetary equivalent cannot lawfully be enforced against former officials not personally named in the judgment. The Court further ruled that because the informant was not a party to the original action, a Bill of Information was not the proper legal vehicle to challenge the enforcement.
The Court found that the trial court acted improperly by attempting to enforce the Supreme Court’s Mandate against an individual not held liable and ordered the Clerk of Court to issue a Mandate directing the lower court to resume jurisdiction and proceed in line with the judgment. Costs were disallowed.
Dean’s legal team argued that Civil Law Court Judge Boima Kontoe misdirected the Supreme Court’s Mandate by targeting Dean personally for a legal opinion he rendered while serving as Justice Minister. The opinion advised the Ministry of Mines and Energy that ownership of the diamond reverted to the state because the mining license had expired prior to discovery.
Dean’s filing stated that the Ministry of Justice’s advice was ignored, leading to the diamond’s private sale. Government records show US$80,146.78 was paid into state revenue, including a 3% royalty and a US$50,000 fine. Dean maintained that following his advice would have ensured full proceeds were deposited into the national treasury.
The Ministry of Justice argued that Dean’s filing lacked legal merit and said the former minister should have pursued a Writ of Prohibition before a single Justice in Chambers, rather than approaching the Full Bench.
The dispute dates back to 2022, when conflicting ownership claims arose after the diamond’s discovery. A Joint Security Board confirmed the site and claim holders, while the Ministry of Mines and Energy later ruled that the license had expired nearly a year earlier, nullifying private claims under Article 22(b) of the Constitution and Section 9.9 of the Minerals and Mining Law.
The judgment was signed by Chief Justice Yamie Quiqui Gbeisay Sr., and Associate Justices Yussif D. Kaba and Ceaineh D. Clinton-Johnson.
However, Madam Justice Jamesetta Howard Wolokolie not being in full agreement with some laws in the majority Opinion, has withheld her signature; she did not sign the Judgment. Justice Boakai N. Kanneh being out of the bailiwick of the Republic, did not participate in the hearing and determination of this case; he did not sign this Judgment.
The ruling reinforces the Supreme Court’s position that judicial enforcement must remain confined to the exact terms and parties named in a judgment, preventing overreach against individuals not legally bound.
