Nimbaians are chasing steel giant ArcelorMittal out of their county for the company’s failure to fulfill its obligations laid down in the Mineral Development Agreement (MDA) that it is seeking to expand. On the morning of May 6, 2024, residents of the company’s concession areas of Zor, Sehyi, Yarmie, and Gboa, led by their traditional masked agent known as “Country Devil,” staged a protest that disrupted the company’s activities at Mt. Nimba and Mt. Torkade. The protesting citizens have also petitioned their lawmakers to reject the proposed extension of the MDA.
The company has elected to ignore the citizens’ grievances but accused Boima Morgan of Solway Mining, Inc. of being the mastermind behind the protest. In a press statement, Mr. Morgan vehemently refuted the allegation on grounds that “at all relevant times in his relationship with ArcelorMittal and the people of Nimba County, he has remained a peaceful and law-abiding citizen. He stressed that his goal is never to engage in acts that are counterproductive and inimical to the peace and business environment of Liberia.
”While it is true that there is a dispute between Solway, the Government of Liberia, and ArcelorMittal, this dispute is not related to the entirety of the ArcelorMittal Concession area. The dispute is limited to an area of approximately 56 kilometers for Mount Blei and Mount Detton located in Nimba County which Solway formerly operated under an Exploration License granted to it by the Government of Liberia. Solway, ArcelorMittal, and the Government of Liberia entered into a Release and Settlement Agreement to resolve this dispute,” the Liberian businessman said in the statement issued on May 7, 2024, in Monrovia.
Mr. Morgan pointed out that under the Settlement Agreement, Solway agreed to relinquish its Exploration License and legitimate claims to the Exploration Area, as well as hand over all its Exploration Data, assets including buildings, facilities, and improvements thereon in consideration of the payment of a certain sum of money to Solway within a specified period.
According to him, Solway performed fully all its obligations under the Release and Settlement Agreement, following which the government proceeded to hand over to ArcelorMittal all of what Solway had released to it.
Notwithstanding, the Government and ArcelorMittal have neglected, refused, and failed to abide by their side of the Settlement Agreement to pay the consideration they promised to Solway Mining Inc. despite repeated demands.
In the face of this development, Solway Mining Inc., through the instrumentality of Mr. Boima Morgan, as a peaceful and law-abiding citizen, filed a Petition for Cancellation of the Release and Settlement Agreement and prayed the Court for Orders to be returned to status quo ante. This Petition is now pending in the Commercial Court
undetermined. Simultaneously with the filing of the Petition for Cancellation, Mr. Morgan applied to the Court for a Writ of Preliminary Injunction supported by an Indemnity Bond, under which the Court issued a Temporary Restraining order enjoining and prohibiting ArcelorMittal from entering unto and conducting any activities in the disputed area pending the final determination of the Cancellation proceedings.
Given the foregoing, it is reckless and inconceivable to accuse Mr. Boima Morgan of orchestrating the demonstrations over ArcelorMittal Mining Cites by traditional societies of Nimba especially when Mr. Morgan has not claimed ArceloMittal’s Mining sites where the demonstrations are taking place.
“The move to evade responsibilities by Arcelor Mittal is not a good strategy to resolve what is going on in the affected area of the traditional people’s land. It is common knowledge that traditional people in diverse areas and on diverse occasions in various counties of Liberia where Concessions are operating have agitated for the protection of their rights to their land and resources. Disputes of this nature have always been resolved through negotiations. Perhaps it is time that AML reviews its treatment, relationship, and interactions with the traditional people of Nimba and not use Mr. Morgan as a scapegoat.
Mr. Morgan remains committed to the Rule of law and having submitted his grievances to a Court of Competent jurisdiction for redress consistent with the laws of Liberia, the claim by ArcelorMittal without any supporting evidence that Mr. Morgan orchestrated the demonstrations in ArcelorMittal Mining sites is reckless and intended only to damage the reputation and good name of Mr. Morgan for which Mr. Morgan gives notice that he reserves the right to take recourse to the remedies available to him under the laws of Liberia,” the statement maintained.
