How Ngojah Town Residents Have Taken Their Case To The Supreme Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia– Citizens of Ngojah Town in Tewor District, Grand Cape Mount have raised legal issues against Bea Mountain mining company, as Garmah Never Lomo report.
Through their legal representation, residents in the area have prayed for a Writ of Prohibition at the Supreme Court Justice Ceaineh Clinton Johnson against the Liberian government, National Legislature and the Management of Bea Mountain Mining Company (Respondents) to refrain from illegal land grab, environmental degradation, pollution of rivers and streams among others.
In a thirty-count petition against the government and Bea Mountain mining company and the National Legislature, the residents comprising of chiefs, elders, prayed the high court to order issuance of the Alternative Writ of Prohibition, and thereby direct the RESPONDENTS to refrain from any and all actions and activities including illegal expansion, erections of signboards, demarcating of land, prospecting for gold, mining and other precious mineral spreading of chemicals and other dangerous substances hazardous to the lives of residents and villagers, and the using of explosives and dynamites, causing ecological damages to streams and rivers and the environment;
In their petition, the residents further prayed that the Chamber Justice will order a STAY on all mining activities, including prospecting, and surveying new sites and expanding 3rd Respondent’s operations on Petitioner’s property;
In their prayers, they want for the Chambers Justice to put a STAY on all gold and other precious minerals including all expenditures of all resources, Le. monies in bank accounts which have been generated from the illegal gold mining activities and operations of the 3rd Respondent (Bea Mountain Mining Company)on Petitioner’s property, and that all gold minerals or monies generated therefrom, be placed in an ESCROW ACCOUNT pending the final determination of this matter,
“That Your Honor will instruct the parties to return to STATUS QUO ANTE; and will cause a Conference to be followed with a HEARING, and thereafter, issue the Peremptory Writ as a matter of law,”
That Your Honor will pass any order, and issue any instruction, mandating the Respondents and all of the heavily armed marauding AFL soldiers and members of the Liberia National Police serving as private bodyguards for the 3rd Respondent against unarmed civilians to refrain from carrying out illegal land grab, and that Your Honor will order (the Executive and the Legislature) who are the first and 2nd Respondents to investigate these allegations of illegal land grab, pollution of streams and rivers, illegal prospecting and the planting of signboards on Petitioner’s property and thereby order the first Respondent to mandate the 3rd Respondent (Bea Mountain Mining Company Management )to refrain from any action in the form of illegally mining and prospecting for gold and masquerading as a concessionaire on Petitioner’s private property contravention of the laws of Liberia.
Finally, the resident prayed the Supreme Court justice to grant unto (them) Petitioners all and any further relief that Your Honor may deem just and equitable in the premise.
The petition reads, AND NOW COMES THE PETITIONER in the above entitled cause of action and most respectfully pray Your Honor and this Honorable Court for the issuance of the ALTERNATIVE/PROVISIONAL WRIT OF PROHIBITION to restrain, inhibit, and prohibit the within named Respondents and their Collaborators to immediately refrain from all actions and activities including engaging in illegal land grab, environmental degradation, pollution of rivers and streams, destruction of traditional shrines, crops, forceful eviction, the arbitrary denoting or blasting of dynamites close to densely populated areas, thereby wreaking havoc and causing cracks in buildings, residential areas, to the detriment of villagers for the following factual and legal reasons showeth to wit:
According to the petition, the villagers and residents commonly known as “The People of Ngojah” and hereinafter collectively referred to as [THE PETITIONER), are peaceful and law abiding citizens, and owners of a Statutory Customary Land Deed granted them by the Republic of Liberia, containing 1,572.9 acres about 68515809.6 square feet, lying and situated in Ngojah Town, Grand Cape Mount, Republic of Liberia and is attached hereto, and marked as Exhibit P/1 to form a cogent part of this petition
The petitioner further avers that, because the citizens and residents of Ngojah Town and its environs have duly designated Mr. James Kiazolu and Deiman M. Golafaley, natives of Ngojah Town, Tewor District, Grand Cape Mount County, to bring this action for and on their behalf, and for this reason, have executed a power of attorney designating James Kiazolu and Deiman M. Golafaley, to prosecute this lawsuit on their behalf in a representative capacity, and therefore, the Petitioners herein have both the legal capacity and legal standing to bring this action as a matter of law.
“And because the executive branch of the Liberian Government of Liberia hereinafter referred to as [THE forst RESPONDENT] is the sovereign and constitutional authority duly elected by the people of Liberia to cater to their well-being, protect their legitimate rights, irrespective of their political persuasions or positions on the social scale, and such constitutional duty and responsibility by the government include but not limited to protecting property rights under the 1986 Constitution, which shall not be arbitrarily taken away absent any constitutional expropriation and due process.
They added that , because the House of Representatives and the Honorable Liberian Senate of the 55th National Legislature of the Republic of Liberia collectively hereinafter referred to 35 [THE 2 ^ (nd) RESPONDENT] are the legitimate constitutional bodies whose core responsibilities are representation of the people, lawmaking, and supervision of agencies and institutions that are involved with social and economic activities of the Liberian people.
Narrating further, the petitioners said, the legislature is vested with the power to critically vet, analyze all concession agreements, make laws that are supportive of the economic rights of the Liberians in the areas of wealth creation and economic empowerment; make and rectify concession laws, and ensure that the constitutional rights of Liberians are duly protected.
The petitioner maintained that, because the Management of Bea Mountain Mining Company (BMMC), hereinafter referred to as [THE 3rd RESPONDENT) is a purported Turkish based company and a called concessionaire of the Government of Liberia, the (1st RESPONDENT]. The third Respondent head office is located on 18th Street, Sinkor, Monrovia, Liberia, and is involved in the mining of gold and other precious minerals in NGojah and other surrounding towns and villages in Grand Cape Mount County, with its parent company, called AVESORO RESOURCES Ltd., (formerly Aureus Mining Inc.), of Wellington House, 17 Union Street, St Helier, JE2 3RF, Jersey, Channel Islands, (between France and Great Britain), and is registered and trading on the London Stock Exchange.
Petitioner gives notice that if need be it will provide further information about the shareholders and other pertinent information about the 2 ^ (nd) Respondent and how it is using its drive for gold resources to pollute rivers and streams, damage crops by engaging in illegal land grab, environmental degradation, destruction of traditional shrines throughout Grand Cape Mount County.
Further to count 1 above, Petitioners represent the residents, villagers and community leaders, chiefs and elders of NGojah Town, Grand Cape Mount County who are legitimate title holders of 1,572.9 acres of land about 68515809.6 square feet lying and situated in NGojah Town, Grand Cape Mount, and on which they have resided peacefully and consistently for generations upon generations since the inception of the modern Liberian State in 1847.
Petitioners say the first and second Respondents without any regards to private land rights, and in flagrant disregard to the constitutional rights of property expropriation as provided for under Article 24 of the 1986 Constitution, and without any condemnation or the exercise of the right of eminent domain, as required by law, granted the third Respondent, Bea Mountain Mining Company(BMMC) a concession right over Petitioner’s piece of real property covering over 1,572.9 acres of land about 68515809.6 square feet lying and situated in Ngojah Town, Grand Cape Mount County. Petitioners say it is the legitimate title owner of the selfsame property and for this reason your Honor is most respectfully requested to take judicial notice of Petitioner’s title deed.