By Verity Staff Writer
A group of citizens from Grand Cape Mount County has moved to legally challenge Bea Mountain Mining Corporation (BMMC) over its amended Mineral Development Agreement, signaling a potentially significant dispute in Liberia’s mining sector.
According to NOCAL Vice President Boakai Jeleiba, a team of volunteer lawyers has already committed to pursuing the case in court. The group is simultaneously seeking public support through a petition that will accompany what it describes as a broader political action aimed at the Legislature and the Office of the President.
“A group of Cape Mountaineans has decided to legally challenge the Bea Mountain Mining Corporation Agreement as amended in 2023,” Jeleiba said. “A team of volunteer lawyers has signed on to pursue this legal challenge. However, we also need signatures to support this effort with a political action directed at the leadership of the Legislature and the Office of the President.”
The legal move is anchored in a formal “Statement of Support for Investigation into the Illegal Ratification of the Bea Mountain First Amended Mineral Development Agreement (August–September 2023),” organized by citizens and stakeholders of Grand Cape Mount County.
Allegations of Procedural Violations
In the petition’s preamble, the group alleges that the amended agreement was ratified through an unlawful legislative process. They claim the House of Representatives had officially adjourned its regular session on September 4, 2023, yet signatures were reportedly collected between September 5 and 6 to indicate concurrence with the Senate.
The petition further asserts that no plenary session was reconvened, no Speaker’s order was issued, and fewer than 20 lawmakers signed the document-well below the constitutional quorum requirement of 37 members as stipulated under Article 33 of the Constitution.
Additionally, the group alleges that no public hearings were conducted despite prior commitments by the Joint Committee on Concession and Investment. The agreement was subsequently forwarded to the President on September 7, 2023, which the petitioners argue violated constitutional provisions governing legislative procedure and presentment.
Concerns over Substantive Terms
Beyond procedural concerns, the petition outlines what it describes as “predatory and anti-development” provisions within the amended agreement.
Among the key issues raised are:
A 50-year concession structure, comprising an initial 25-year term with an optional 25-year extension
A community development fund of $250,000 annually for an area spanning 537 square kilometers, which petitioners argue is inadequate.
Clauses in Memoranda of Understanding (MOUs) that allegedly restrict local communities from making claims, opposing the company’s operations, or seeking future compensation.
Tax stabilization provisions that fix BMMC’s tax obligations for up to 15 years, regardless of future changes in national tax policy.
A cap on corporate income tax at 25 percent and reduced withholding taxes, which critics say could facilitate profit shifting.
Fixed import duty and customs fee arrangements significantly below standard rates for mining operations.
The petition also criticizes provisions requiring international arbitration in London, effectively removing disputes from Liberian courts, and highlights what it describes as disproportionately low government and community equity stakes.
Demands for Investigation and Nullification
The group is calling on the House of Representatives to launch an immediate investigation into the ratification process, declare the agreement null and void, and refer the matter to the Ministry of Justice for potential criminal investigation.
They are also demanding a new, transparent review process for the agreement, including mandatory public hearings before any future ratification.
“We further declare that any legislator who participated in or facilitated this illegal ratification will be held accountable legally,” the statement concludes.
Public Mobilization Effort
Organizers have begun circulating a signature sheet to gather support from citizens across Grand Cape Mount County and beyond. Signatories are authorizing their names to be included in a formal communication to national leadership, including the Speaker of the House of Representatives, Senate leadership, and the President.
The unfolding situation sets the stage for what could become a landmark legal and political confrontation over natural resource governance, legislative accountability, and community rights in Liberia.
