An indictment was obtained to prosecute five defendants in the titled case. The case originated from agreement reached between the Government of Liberia and the Government of Japan who signed said agreement on March 8th, 2011. Both governments signed an Exchange of Notes for the purpose of contributing to the promotion of the economic and social development efforts of the government of Liberia. Under this note, the Government of Japan gave a non- profit grant of One Billion One hundred Million Japanese Yen, which, at the time was the equivalent of 13,000,000.00 United States Dollars for the purchase and supply of 15,000 Metric tons of petroleum products.
When the products were actually purchased, the available amount of the grant purchased 12,347.041metric tons. The Ministry of Commerce was designated as the consignee for the government of Liberia. The Ministry of Commerce entered into an MOU with the Liberia Petroleum Refining Company for the storage of the products. LPRC also executed an MOU with Aminata and Sons to market the product on the Liberia market. The products were sold by Aminata and sons on the Liberia Market. Aminata and sons deposited $85004,177.00 in GOL Account in the Central Bank of Liberia. The LACC conducted an investigation into the sales of the products and it was discovered that the total amount $14,268,288.82 United States Dollars were realized from the sale of the products by Aminata and Sons.
Following the investigation of the case reported through an audit conducted by the General Audit Commission, the LACC sought and obtained an indictment against five defendants for US$ 5,764.111.82, which was the difference between the total amount realized from the sale and the amount deposited into government account at the Central Bank. The Case went to trial and the court granted severance to all the defendants.
Meanwhile, the Court issued a ruling dismissing the indictment against the defendant. The ruling was appealed to the Honorable Supreme Court with briefs and request for notice of assignment filed with that Court.
