567876

Judge Cites Lack of Jurisdiction, Bad Faith, and Procedural Violations

By Myean D. Torgbean

Monrovia — The Monrovia Magisterial Court has dismissed criminal coercion and forgery charges filed against French investor Bertrand M. Franquet, ruling that the case was improperly brought and lacked legal standing.

Delivering his ruling at the Temple of Justice, His Honor Judge L. Barco determined that the complainant, Alioune Kebe, Liberia’s Presidential Ambassador-At-Large for Sports, acted in bad faith and lacked the legal capacity to maintain the action. The court further held that a sworn attestation presented during trial effectively rebutted the allegation of forgery.

The case, filed in September 2025, stemmed from a commercial dispute involving more than US$500,000 allegedly entrusted to Kebe while serving as Attorney-In-Fact for Franquet. Court records show that the funds were intended for investment activities in Liberia, including a project in Gmainbo Chiefdom, River Gee County.

According to the complaint, Kebe accused Franquet of forging his signature on an agreement with local elders concerning the project. However, in a sworn affidavit presented before the court, Kebe’s brother, Papa Djibril Kebe, admitted signing the agreement and stated he had been authorized by his brother to do so.

Jurisdictional Limits

In his ruling, Judge Barco emphasized that the matter was civil and commercial in nature and therefore outside the jurisdiction of the magisterial court. He noted that disputes arising from contractual agreements are properly addressed through civil remedies, not criminal prosecution.

The court also pointed to Rule 9 governing Magistrate and Traffic Courts, which mandates that criminal cases of this nature must not remain pending for more than 30 days without determination. The case had been on the docket for approximately five months a delay the judge said prejudiced the rights of the accused.

Defense and Prosecution Arguments

Counsel for Franquet argued that the court lacked subject matter jurisdiction, that the complainant had no standing, and that the criminal complaint was filed in bad faith as a tactic to evade accountability over the handling of funds.

The prosecution, led by City Solicitor Cllr. Younge, countered that the crimes charged were within the court’s authority and that the state, not the private complainant, holds prosecutorial power in criminal matters. Prosecutors also contended that no written authorization had been produced to validate the brother’s signing of the agreement.

Despite these arguments, Judge Barco accepted the defense’s prayer and dismissed the case without prejudice, effectively clearing Franquet of the charges.

Franquet was represented by Targus Law Group, Inc.

The ruling marks a significant development in a high-profile dispute involving foreign investment and government-linked officials, underscoring the court’s position on jurisdictional boundaries and procedural compliance in criminal proceedings.