Elderly couple's legal quest ends in defeat over $46 million African mask

The French court dismissed the appeal of an elderly couple who sold a rare Gabonese mask for €150 ($165), only for it to be later auctioned for over €4 million ($4.4 million). The couple alleged that the art dealer who purchased the mask from them did not fulfill his duty to provide necessary information before the sale and violated their consent.

They tried to cancel the sale of the mask and requested to receive the auction profits, but the court in Alès, southern France, confirmed the sale terms in a ruling on Tuesday. The court stated that the couple had stored the mask in their attic and had not consulted any experts to determine its "true historical and artistic value" before negotiating a price with the dealer.

Centered in a heated multimillion-dollar legal dispute is the rare African mask. According to the court, the art dealer had no expertise in African art and was unaware of the mask's exceptional value. This was evidenced by the fact that he sought valuations from multiple auction houses, which resulted in a valuation of €300,000-€400,000.

The court condemned the owners for their "carelessness and casualness," stating that they rushed to sell the property where the mask was stored and neglected its contents.

The 88-year-old man and his 81-year-old wife, referred to by their initials in court records but previously identified as Mr. and Mrs. Fournier by their attorney, put up for sale an ancient African mask that had been passed down from Mr. Fournier's grandfather.

René-Victor Edward Maurice Fournier's grandfather was a colonial governor in Central Africa during the early 20th century, when much of the continent was under French colonial rule.

In September 2021, the Fourniers sold their mask to a second-hand dealer for €150, as indicated in court documents. According to their lawyer, Frédéric Mansat Jaffré, the couple were unaware of the mask's true market value and believed the dealer was offering a fair price.

A few months later, their attorney informed them that their former mask was being auctioned off through a newspaper article, and that it was valued at significantly more than what the dealer had originally paid.

The mask was sold for €4.2 million, or $4.6 million, just two days after the discovery. According to a sale receipt shared with CNN, the Fourniers launched a civil case against the dealer but lost in the fall of 2022 and were ordered to pay court costs.

On Tuesday, the court also ordered them to pay costs related to their failed appeal.

In addition, the court rejected a request from the Gabonese government to suspend proceedings.

Gabon has filed a lawsuit alleging that Mr. Fourniers ancestor stole the mask and was not its rightful owner, according to Olivia Betoe Bi Evie, one of the lawyers representing Gabon, who spoke to CNN in November. If the court had granted their request to suspend the legal proceedings on the mask's sale, Gabon would have been able to pursue its separate case for the handling of stolen goods and work to have the mask returned to its country of origin.

The Smithsonian Museum of African Art has taken the Benin bronzes off display and aims to return them to their rightful owners. According to Betoe Bi Evie, the mask is a highly unique and spiritually significant artifact to the Gabonese people.

Originating in the 19th century, the mask was owned by the influential Ngil society, a confidential organization responsible for enforcing justice within the Fang communities of Gabon, as per Betoe Bi Evie.

The Ngil mask is considered one of the rarest and most highly celebrated African artworks, making it a sought-after addition to the best collections of African art. According to a Sothebys listing, a similar mask was collected around 1917 by the French colonial governor René-Victor Edward Maurice Fournier, possibly during a tour of Gabon.