Top: A worker labels logs in Akewa’s log field in Beyan Poye Community Forest, Margibi. Photo credit: Akewa Group of Companies via Facebook
By Emmanuel Sherman
MONROVIA – A court in Monrovia has terminated a logging agreement between a community forest and a company after an arbitration process, ending over four years of legal battle.
The Commercial Court at the Temple of Justice handed down the ruling recently after Akewa Group of Companies failed to honor the arbitration with the Beyan Poye Community Forest in Margibi County.
“The community forest management agreement… between the Beyan Poye Community Forest and Akewa Group of Companies is hereby deemed terminated as a matter of law…,” read the ruling.
“Failure to appear in open court to make a case, this court has no other option after hearing the informant’s argument and giving due recourse to the parties pleading than to grant the informant’s Bill of information,” added the ruling.
Abigail Funke Odebunmi, Akewa’s manager and co-owner, did not immediately respond to queries.
A long legal battle
Beyan Poye Community Forest, on March 25, 2017, signed a 15-year logging agreement with Akewa to harvest its 33,338 hectares of forestland in the Gibi District.
In 2022, Beyan Poye invoked an arbitration clause in its logging agreement with Akewa after nearly five years of stalemate. Subsequently, the FDA set up a panel, and the process began.
The panel awarded Beyan Poye over US$80,000 in forest-related benefits and granted Akewa the right to continue its operations unhindered.
Akewa opposed the arbitrators’ decision and petitioned the Commercial Court to review it.
When that review ended unsuccessfully, Akewa, owned by Nigerian businesswoman Abigail Funke Odebunmi, petitioned the Supreme Court. However, the company committed procedural errors in its petition to the high court.
The Supreme Court sent the case back to the Commercial Court to enforce the arbitration award, granting Beyan Poye’s motion for dismissal.
Then Beyan Poye petitioned the Commercial Court to terminate Akewa’s contract for failing to resume operations. The petition referenced a provision of the arbitration award that the company restart activities in January 2023.
The Commercial Court sided with Beyan Poye, terminating Akewa’s contract.
Samuelle Hare-King of the Heritage Partners and Associates, Beyan Poye’s lawyer, told The DayLight the law firm had contacted another firm to seek a court’s order to freeze Akewa’s bank accounts until it could settle its debt to Beyan Poye.
Jehudi Barnyou, Beyan Poye’s chief officer, reveled in the victory and has advice for community forests across the country.
“As a community leader, if you have a problem with a company concerning land rental, royalty, or whatever, take the lead and go to court,” said Barnyou. He promised to present the ruling at the community meeting with members of the community later this month.
This story was a production of the Community of Forest and Environmental Journalists of Liberia.
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