Liberia: Decision Day – Supreme Court Set to Rule in Greaves Vs. Nocal

Monrovia — FrontPageAfrica has learnt that the Supreme Court of Liberia is expected to rule in a Writ of Prohibition filed against the National Oil Company of Liberia and its head, Mr. Randolph McClain within 24 hours beginning Wednesday morning. Mr. Harry Greaves, Jr. a Liberian businessman through his legal counsel, Cllr. Frank Musah Dean and the Dean and Associates Law Firm filed the petition against NOCAL for its handling of the sale of offshore blocks LB-6, LB-7, LB-16 and LB-17.

Acting on the Writ of Prohibition filled by Greaves through his legal counsel, Presiding Associate Justice Philip A. Z. Banks in a memorandum from the high court issued November 24 cited Greaves and his lawyers and NOCAL to a conference on Wednesday, November 26. At the Temple of Justice Wednesday, Mr. Greaves, his lawyers and representatives from NOCAL were spotted after the conference with Associate Justice Banks.

Although both NOCAL representatives and the Greaves party refused to comment on the outcome of the conference held in closed doors, but inside Supreme Court sources hinted that the high court after hearing the arguments of both sides announced that it will rule on the Writ of Prohibition within 24 hours. Greaves through his lawyer is praying the Supreme Court to restrain and prohibit NOCAL from further proceeding with the sale of the Liberia Basin Round 2014 covering offshore blocks LB-6, LB-7, LB-16 and LB-17.

The petition filled by the lawyers representing Greaves stated “Wherefore and in view of the forgoing, petitioner prays for the issuance of the Alternative Writ of Prohibition against the respondent, restraining and prohibiting NOCAL from further proceeding with the Liberia Basin Bid Round 2014 and/or awarding any oil blocks pursuant to the said Liberia Basin Bid 2014, pending a hearing by Your Honour on the issues involved, on a date and time to Your Honour’s convenience; and after a hearing, Petitioner prays for the issuance of the Peremptory Writ, prohibiting and restraining the Respondent from ever proceeding with the Bid Round in the manner and faction it started to conduct same. Petitioner also prays Your Honor to grant unto the Petitioner any other and further relief as in such cases is made and provided by law, with the cost of these proceedings ruled against the Respondent” the Petition concluded.

Recently the NOCAL announced, inviting bidders participate in the bidding for the sale of the offshore oil blocks, but Greaves and lawyer are arguing that sufficient time was not allowed during the announcement process and as such was the process carried out in secrecy and mystery.

Greaves and Lawyer declared “Further to count eight (8) herein above, Petitioner says the Bid Round, as conducted under the auspices of NOCAL, was shrouded in mystery, secrecy, and privacy to the extent that either no or little effort was made to undertake publicity through the print (newspaper) and broadcast (radio and television) media”.

The petitioner also contends that Liberians were not given sufficient notice on the bidding process and as such it violates the constitutional rights of Liberians to have equal access to their resources. “Petitioner says unless this Prohibition is issued to restrain NOCAL from proceeding, substantial injustice will be done to the rights of Petitioner and all interested Liberians”. Based on the numerous counts the petitioner stated that the petition was filled to ensure that the provision of the constitution and rights of Liberians to equality is adhered to.

“Petitioner says this Petition has not been filed for the mere purpose of delay; but instead, to ensure that the provision of the 1986 Constitution mandating the Government and its instrumentalities to manage the national economy and the natural resources of Liberia in such manner as shall ensure maximum feasible participation of Liberian citizens under conditions of equality is adhered to. Our Supreme Court has held that “a writ of prohibition will lie only in cases of manifest necessity”. Dennis vs. Dukuly, 7LLR 212 (1941)” stated the petition.

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