Two prominent lawyers, Counsellors Johnny Momoh and Albert Sims, face allegations of conniving to falsify an indemnity bond for US$750,000.
By Lincoln G. Peters
Monrovia, Liberia; August 19, 2025 – Activa International Insurances Company has filed a bill of information (compliant) with the Debt Court for Montserrado County, accusing Counsellors Johnny Momoh and Albert Sims of conniving with Mr. Tom W. Collie, the company’s Senior Underwriter General Business, to secure an indemnity bond for US$750,000.
The bond was allegedly secured in favor of Western Cluster and Citadel Mining Services and Construction, a subcontracted Ghanaian Company (defendants), according to an affidavit dated June 22. 2023. The document also claimed that Citadel secured the bond thru its legal counsel, Cllr. Johnny Momoh of the Johnny Momoh and Associates Legal Chamber.
Western Cluster secured the bond by and through its legal counsel, Cllr. Albert Sims of the Justice Advocate and Partners law firm. But the two lawyers have denied that they did procure the indemnity bond.
Activa International Insurances Company filed the bill of information after they were held liable as a surety on behalf of Citadel to settle the judgment amount of US$430,920 inclusive of interest prescribed by law to Hans Armstrong, a British investor.
Armstrong had earlier filed an Action of Debt by Attachment lawsuit against the defendants (Western Cluster and Citadel Mining Services and Construction).
Armstrong claimed the amount of US$378,000 as balance rental due and unpaid on an equipment lease agreement entered into with Citadel Mining Services and Construction.
As required by law, the defendants subsequently filed with the court an indemnity bond alongside a motion to vacate the attachment value at US$750,000 allegedly proffered by the Activa International Insurance as a surety.
Western Cluster was dropped from any liability since it had nothing to do whatsoever with the agreement between Citadel Mining and Hans Armstrong. Still, it was added as a party defendant only because the equipment operated on its mining concession premises.
Activa got involved with the case when Mr. Tom W. Collie, the insurance company’s Senior Underwriter General Business, through an Affidavit of Surety dated June 22, 2023, obligated the insurance company to the indemnity bond for Western Cluster and Citadel Mining Services and Construction.
The bond was promptly verified and authenticated by the Debt Court, and the surety shall be fully responsible for identifying the judgment creditor.
Unfortunately, the judgment held Citadel Mining Services and Construction liable. And a payment order was issued, mandating Citadel Mining Services to pay the money, but the Sheriff’s return shows that Citadel Mining Services’ head office in Monrovia and operation site in Bomi County had been closed without knowing the whereabouts of the defendant’s management to satisfy the judgment rendered against it.
It was based on the Sheriff’s return that prompted Armstrong to file with the court an application holding the surety liable for the judgment amount in keeping with law.
Prior to the enforcement of the judgment, Activa International Insurances Company filed the bill of information, alleging among others, that the said indemnity bond was never authorized by Activa international insurance company as a corporate entity considered with the scope of activities and operational modalities nor did it receive any consideration there under, nor notified or received any benefits therefrom.
“Hence, the said bond was obtained fraudulently and cannot be said to constitute an act of Activa as a corporate entity for which the corporation can be bound,” the insurance company contended.
According to them, Mr. Tom W. Collie, who allegedly signed the indemnity bond on behalf of Activa, acted unilaterally and ultra vires, as he was not authorized to issue such a bond, didn’t obtain any prior approval, and couldn’t have received or obtained any such authorization to issue such an indemnity bond.
It is not within the scope or the authority and duties of his office as Senior Underwriter. It is the chief executive officer alone who has the power to commit Activa in this matter, but the CEO didn’t authorize it, nor does he know of any such bond, as evidenced by the lack of his signature; they argued.
They further argued that Activa particularly received no consideration under this fraudulent conduct, nor did Activa ratify the said fraudulent conduct, nor did Activa receive any benefits thereunder; the bond is not and cannot be binding on Activa.
But when Mr. Collin was contacted at his new entity, SUNU Insurances Company, he denied the allegations. “I can’t remember securing any indemnity bond for Western Cluster and Citadel Mining Services and Construction when I was employed by Activa International Insurance Company, some two years ago.”
However, Cllr. Momoh had replied to the complaint, denying his involvement with the procuring of the indemnity bond on behalf of Citadel, though Cllr signed every document of the case. Momoh, as a lawyer on behalf of Citadel. One of the documents is the affidavit dated June 22, 2023.
In that document, also attested to by the Justice of the Peace for Montserrado County, it reads “personally appeared before me, a duly qualified and commissioned Justice of the Peace for Montserrado County in my office in the city of Monrovia, J. Johnny Momoh, Counsellor-At-Law- Law and counsel for defendant in the above-entitled proceedings.”
Like, Momoh and Collie, Cllr. Sims himself denied the allegations when he was contacted.
Meanwhile, investigation of the allegation is still pending at the Debt Court for Montserrado County. Editing by Jonathan Browne
