Leonoil Disrespects High Court Order
By Abubakarr Kargbo
Leonoil Company Limited’s handling of the court’s order in the case between Jaffar Zeghir and themselves has raised eyebrows and concerns regarding their attitude towards the judicial system in Sierra Leone. The company’s reluctance to pay the mandated sum of Le 6 billion into a separate account as directed by the High Court has sparked fears that they may be treating the court with levity, leading to potential legal repercussions.
A significant commercial transaction lies at the heart of the contentious case, where the Plaintiff, Jaffar Zeghir, purchased Two Hundred Thousand Litres of assorted fuel products from Leonoil Company Limited for One Billion, Two Hundred and Ninety-Six Million, Four Hundred Thousand old Leones (Le1,296,400,000) between January 27 and February 2, 2021. Following a judgment in favor of the Plaintiff, an application for a stay of execution was filed on February 15, 2024, by the Defendant’s Counsel, Editayo Pabs-Garnon Esq, accompanied by an affidavit from Ibrahim Babatunde Cole, the Managing Director of Leonoil Company.
In response, Justice Samuel O. Taylor granted a stay of execution but laid out strict conditions for compliance by Leonoil Company. The company was instructed to deposit Le 6,000,000,000 into an interest-bearing account within 14 days, with both legal representatives of the parties serving as co-signatories. Additionally, a bond guaranteeing payment to the Plaintiff was required, along with the potential refunding of costs if the Appeal succeeded. The Defendant/Applicant was also tasked with bearing the cost of the application, totaling NLe 50,000.
The High Court’s directive placed financial pressure on Leonoil Company, compelling them to act swiftly to avoid contempt of court. However, the company’s response to the order remains uncertain as the deadline for compliance approaches. Their reluctance to fulfill the court’s mandate could lead to further legal complications and tarnish their reputation in legal circles.
During trial proceedings, Counsel for Leonoil Company, Editayo Pabs-Garnon Esq, highlighted the company’s concerns regarding tax obligations on the fuel consignment. He argued that the responsibility for paying taxes rested with the National Revenue Authority (NRA) and not the company, emphasizing the need for clarity on the issue. However, Justice Taylor stressed the importance of all parties respecting legal processes and complying with court orders to uphold the rule of law.
In contrast, Counsel for the Plaintiff, Jacob Jibao Campbell Esq, vehemently opposed Leonoil Company’s application for a stay of execution, citing the Defendant’s attempts to deprive the Plaintiff of his judgment benefits. He reiterated that the company had profited from the fuel consignment over three years and should not avoid tax payments as a ‘special circumstance.’
The unfolding legal battle between Jaffar Zeghir and Leonoil Company Limited has drawn attention to the intricacies of commercial transactions and the legal obligations of parties involved. Justice Taylor’s decision to grant a stay of execution under stringent conditions underscores the gravity of the situation and the need for compliance with court directives.
As the deadline looms for Leonoil Company to adhere to the High Court’s order, the company’s actions will be closely monitored for signs of compliance or disregard for the judiciary’s authority. The outcome of this case holds significant implications for legal proceedings in Sierra Leone and serves as a test of the judiciary’s integrity and the legal system’s efficacy.
