Published: February 27, 2026
Monrovia – The Monrovia City Magisterial Court has dismissed all charges of forgery and criminal coercion filed against businessman Bertrand M. Franquet, noting in its ruling that the matter lacked jurisdictional basis and violated procedural rules.
In the ruling delivered on February 24, 2026, Stipendiary Magistrate Ben Barco granted the defense’s motion to dismiss the case and ordered that Franquet be discharged without delay.
Origin of the Complaint
The case was filed by Alioune Kebe, Liberia’s Ambassador for Youth Development, through a private prosecutor. Ambassador Kebe alleged that on December 16, 2024, Franquet forged his signature on a contract, thereby committing him to an agreement without his consent. According to the complaint, the agreement involved US$9,000.00 intended for the construction of a school and a clinic, among other projects. It was further alleged that additional defendants signed as witnesses to the contract.
The complaint also claimed that after the alleged act, Franquet left Liberia and travelled to Rouen, France. As a result, Franquet was formally charged with Forgery and Criminal Coercion under Chapter 15, Section 15.70, and Chapter 14, Section 14.27 of the Revised Penal Law of Liberia.
Defense Challenges the Case
When the matter was first assigned for hearing, counsel for Franquet moved to dismiss the case in its entirety. That initial motion was denied. However, nearly five months later, the defense returned with a modified motion to dismiss, raising procedural and jurisdictional objections. The defense argued that the prolonged delay in the case violated Rule 9 of the Rules Governing the Magistrate and Traffic Courts.
Violation of Rule 9 provides that criminal cases before magisterial courts should not remain pending for more than thirty days without determination. The court observed that the case had remained on the docket for nearly five months without resolution.
Magistrate Barco ruled that such delay constituted prosecutorial inaction and undermined the defendants’ right to a speedy trial as protected by statute and the Constitution of Liberia. The court described this procedural lapse as fatal to the prosecution’s case.
Lack of Subject Matter Jurisdiction
The magistrate further held that jurisdiction is conferred strictly by law and that courts may only hear matters expressly vested in them by statute, including the Judiciary Law of Liberia and the act creating the magisterial court. According to the ruling, the dispute arose from a commercial transaction involving a company and community landowners.
The allegations were centered on misrepresentation and fraud within that business arrangement. The court emphasized that where disputes arise from contractual or commercial agreements, the appropriate remedies are civil in nature—such as actions for damages or cancellation of contract—not criminal prosecution for forgery. Attempting to criminalize what is essentially a civil and commercial dispute, the magistrate held, rendered the case improperly before the court. Consequently, the court declared that it lacked subject matter jurisdiction.
Legal Standing of the Complainant
The court also addressed the issue of legal standing. Magistrate Barco found out that Ambassador Kebe had acted as Attorney-in-Fact during the transaction. The court held that an agent cannot allege forgery against a principal for actions carried out within the scope of an agency relationship.
Additionally, the complainant’s power of attorney had since been revoked, thereby affecting his legal capacity to maintain the action.
Sworn Attestation Weakens Forgery Claim
A sworn attestation submitted by Papa Djibril Kebe, the complainant’s brother, further influenced the court’s decision. In the statement, he affirmed that the signature on the disputed agreement was authorized. The court ruled that this sworn statement significantly rebutted the allegation of forgery.
Final Decision: “In view of the foregoing, the motion to dismiss is hereby granted,” Magistrate Barco ruled.
All charges of Forgery and Criminal Coercion against Bertrand M. Franquet were dismissed, and the defendant was discharged without day, bringing the proceedings before the magisterial court to a close.
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