The Controversial African Mask Sparking a High-Stakes Legal Dispute
High-stakes legal feud ensues as Gabon demands return of a priceless African mask, while a French couple sues an art dealer over a 42 million euro sale A captivating tale of restitution and the fight for cultural heritage
An elderly couple found themselves caught in a legal dispute worth millions of euros when they organized a garage sale following the sale of their second home in the south of France. The couple, aged 88 and 81 respectively, known as Mr. and Mrs. Fournier, listed an antique African mask for sale, which had been passed down from Mr. Fournier's grandfather.
Result:
René-Victor Edward Maurice Fournier, the grandfather, had previously held the position of colonial governor in Central Africa in the early 20th century, at a time when large portions of the continent were under French colonial control.
Court documents reveal that the Fourniers sold their mask for 150 euros in September 2021 to a second-hand dealer. Frédéric Mansat Jaffré, their lawyer, stated that they were not aware of the mask's market value and believed that the dealer's offer was fair.
A few months later, their lawyer informed them that their old mask, which they had recently sold to a dealer, was being auctioned off. To their amazement, they discovered that the mask was worth significantly more than what the dealer had originally paid for it. Surprisingly, only two days later, the mask was sold for a staggering 4.2 million euros, as per the sale receipt shared with CNN. This impressive amount equates to over $4.5 million.
The Fourniers initiated a civil lawsuit against the dealer, but unfortunately lost the case in the autumn of 2022 and were instructed to cover the legal expenses. At present, they are pursuing an appeal against the previous court ruling, alleging that the dealer neglected their duty to provide essential information before signing the contract and violated their consent.
The couple seeks to annul the sale of the mask and want the auctions proceeds to be given to them.
CNN has contacted the dealers lawyer for further comments.
An extremely rare artifact
As the appeal commenced at the Alès Tribunal in southern France on Tuesday, the Gabonese government waded in and formally requested a suspension of the proceedings..
According to court records, the defense of the dealer asserts that he was unaware of the mask's value at the time of purchase from the couple. It was only upon taking it to the auction house for appraisal that he realized its worth. His attorneys argued in court documents that the sellers' claim of error is baseless, as they themselves initially offered the item for sale at 150 euros, indicating a flawed economic evaluation of the mask's value.
Gabon has lodged a distinct court case alleging that Mr. Fournier's ancestor unlawfully acquired the Ngil mask, thus rendering him an illegitimate owner, as stated by Olivia Betoe Bi Evie, a lawyer representing Gabon, in an interview with CNN.
If the court grants its request to halt the ongoing legal proceedings concerning the sale of the Ngil mask, the nation will have the opportunity to pursue their independent claim for the handling of stolen goods and endeavor to repatriate the mask to its rightful country of origin.
The court is expected to make its decision known on December 19.
The mask is an extremely rare artifact of great spiritual value to the Gabonese people, Betoe Bi Evie told CNN.
Dating back to the 19th century, the mask was once in possession of the influential Ngil society, a clandestine organization responsible for maintaining justice among the Fang communities in Gabon, as per Betoe Bi Evie.
According to Betoe Bi Evie, "While Westerners may perceive the mask as a mere artistic piece, for Africans, particularly the Gabonese, it holds significant ritualistic value in preserving harmony within society. Its significance cannot be understated."
According to a listing by Sothebys, Ngil masks like this one are considered extremely rare and highly esteemed in the world of African art. They are sought after and considered essential pieces in the finest collections of African artwork. The auction catalog states that this particular mask was collected around 1917 by the French colonial governor René-Victor Edward Maurice Fournier (1873-1931), likely during a visit to Gabon. This information was reported by CNN affiliate BFMTV.
A fraught legal battle
In court, the lawyer representing the couple contended that the dealer purposely kept them uninformed about the mask's origins and intended to share the proceeds with their gardener. It was the gardener who had supplied him with information regarding the Fourniers' connection to the previous colonial governor.
The mask's origins were deduced by the dealer based on this information, according to lawyer Mansat Jaffré who spoke to CNN.
According to court documents, the dealer and the gardener reportedly visited the auction house together, claiming to be co-owners of the mask.
According to their lawyer, the couple alleges that the dealer failed to disclose his connection to their gardener and his plan to auction their mask. Mansat Jaffré, the lawyer representing the couple, stated that they believe the dealer had prior knowledge of the mask's rarity. Jaffré added that his clients are not experienced art collectors, but rather enthusiasts who were unaware of the situation.
Upon uncovering the auction of the mask, the Fourniers promptly reached out to the dealer. In a gesture of compensation, the dealer proposed an amount of 300,000 euros, which aligned with the estimated value of the mask as determined by the auction house, as revealed by Mansat Jaffré. Following the advice given by their children, the couple opted to decline the offered amount and pursued legal action instead.
The courts have currently frozen 3.2 million euros in the dealer's bank account, which represents the amount earned from the mask's sale after tax deductions and commission fees, as stated by Mansat Jaffré. The trial has drawn attention from France's significant African diaspora, with Gabonese protesters present at the court requesting the return of the mask to their country.
According to Solange Bizeau, president of the Collectif Gabon Occitanie, the organization responsible for the protests, there were also individuals present at the auction house during the mask's sale in March 2022. Bizeau expressed her astonishment at the lack of regard for her culture exhibited in the courthouse.
"The court was informed by the two lawyers that the Gabonese people and the Gabonese State do not possess a legitimate claim to (the mask)," Bizou expressed. "I was taken aback by the lack of interest shown by those involved in the trial towards the mask; they displayed no concern for its significance to us, their sole focus was monetary gain."
According to official court documents, there are now merely a dozen Ngil masks left globally.
Many private collectors currently possess these masks, according to Betoe Bi Evie. The identity of the buyer, apart from the dealer and the auction house, remains undisclosed, as informed by Mansat Jaffré to CNN.
Calls for restitution
French President Emmanuel Macron has consistently advocated for the return of colonial artifacts from French collections to their rightful owners. Following his election in 2017, he revealed his ambition to establish the necessary framework, within a five-year period, to facilitate the temporary or permanent restitution of African heritage back to Africa.
Based on a report presented to Macron in 2018, it has been uncovered that French public collections house a minimum of 80,000 items originating from Sub-Saharan Africa. However, only a small number of these artifacts have so far been repatriated to their countries of origin.
Several artifacts have been permanently returned, such as the 26 stolen royal items that make up the Treasure of Behanzin, which were restituted to Benin in 2020. Meanwhile, certain objects have been lent back to their places of origin for an extended period, like the sword and scabbard belonging to West African leader Omar Tall, which are currently displayed at Senegal's Museum of Black Civilizations.
Apart from Benin and Senegal, five additional African nations - Chad, Madagascar, Ivory Coast, Ethiopia, and Mali - have formally requested restitution from the French government.
Nevertheless, since the Ngil mask involved in the current trial was not part of a public collection, Gabon is unable to request its restitution from France.
