The Republic of Liberia, by and thru Kailondo Petroleum Incorporated by & thru its Chief Executive Officer, George B. Kailondo of the City of Monrovia (Plaintiff) on Friday, September 17, 2021 refiled an indictment at the Criminal Court “C”, Temple of Justice, Monrovia, against the Guaranty Trust Bank(GT Bank) Liberia Limited, by and thru its Managing Director, Ikenna Anekwa, Deputies, Operations Manager, Executive Director, Comptroller, and others to be identified of the City of Monrovia, Republic of Liberia (defendants).
However, the refiled indictment carries the same crimes: theft of property, misapplication of entrusted property and criminal conspiracy.
This followed the dismissal of the previous indictment by the Judge of Criminal Court “C”, Ousman Feika, after he ruled on a 11-count motion filed by the defense counsels to dismiss the indictment on account that it was wrongfully filed.
In their arguments before the ruling into the motion to dismiss the indictment, the defense counsels contended that the proper defendants to be named in the indictment therefore would have been GT Bank and not its officers, who are agents and enjoy statutory immunity from an alleged act of their corporate employer, especially so when there is allegation specifically pleaded that established any personal and independent responsibility of the officers named in the indictment.
Among other things, the defense counsels added that the proceedings were not drawn against specific individuals or entity but against designated positions and offices within GT Bank, meaning that the indictment was against the persons holding the designated positions within the bank who, by holding of such offices, are agents of the bank.
However, in resistance, the prosecution said even though GT Bank was not named in the caption of the indictment, the averments contained in the body of the indictment indicated that GT Bank was indicted through its top officers.
The prosecution asserted that not naming GT Bank before the officials as being argued by the movant was a harmless error which has no bearing on the substantive issue of the “criminal acts” contained in the indictment.
Meanwhile, the Republic of Liberia by and thru Kailondo Petroleum Incorporated by & thru its Chief Executive Officer, George B. Kailondo, in the refiled indictment, among other things, recalls that between the period of September 9, 2014, up to and including the 15th day of the month of December 2016 “you defendant ,Guaranty Trust Bank(GT Bank Liberia Limited , by and thru its Managing Director, Ikenna Anekwa, Deputies, Operations Manager, Executive Director, Comptroller Prince Saye, and other corporate officers to be identified, knowingly, purposely, criminally and intentionally, did take, defraud, deprive and steal monies in the amount of US$930,500.00 (nine hundred and thirty thousand, five hundred United States dollars) from private prosecutor’s George B. Kailondo’s checking accounts.