The Supreme Court of Liberia has postponed the economic sabotage case involving former Finance Minister, Samuel Tweah, and three other ex-officials due to a lack of a Full Bench to hear the matter. The case, rescheduled for November 11, 2025, before the full bench could not have proceeded due to the absence of Justices Ceaineh Clinton-Johnson and Boakia Kanneh, leading to the hearing being postponed to an undecided date.
The court’s November 11 argument calendar followed months of holding the criminal prosecution being pursued by the Liberia Anti-Corruption Commission (LACC) and the Ministry of Justice (MoJ). Previously, the court had disclosed which week it would hear the matter, but did not give the precise date.
Tweah is accused alongside four other former members of the National Security Council (NSC) who served during former President George Manneh Weah’s administration. The justices are expected to review a lower court’s (Criminal Court ‘C) decision for rejecting Tweah’s claim of immunity from state prosecutors because he was protected under the legislation that mandates their secrecy and immunizes them from prosecution due to actions taken in the interest of national security.
Approximately four months ago, the then Presiding Chamber Justice Clinton-Johnson had declared a temporary halt to the trial. The continued delay in having the parties prove their case through oral argument has left legal practitioners and citizens wondering when this matter will be scheduled for Tweah’s petition for prohibition.
By then, the Justice In-Chambers Clinton-Johnson granted the alternative Writ of Prohibition, referring the matter to the Full Bench, since Tweah’s contention raises constitutional concerns.
What Did the LACC’s Indictment Say?
The Liberia Anti-Corruption Commission alleged that a purported US$6 6million payment was made to questionable accounts within the Financial Intelligence Agency (FIA), raising eyebrows and ire across the nation. Those facing trial with the former Finance Minister are Cllr. Nyanti Tuan, former Acting Minister of Justice and Attorney General, Stanley S. Ford, former Director General of the Financial Intelligence Agency, D. Moses P. Cooper, former Financial Intelligence Unit Comptroller, and Jefferson Karmoh, former National Security Advisor.
All accused defendants have served on the National Security Council (NSC) under Weah and are charged with Economic Sabotage (Fraud on the Internal Revenue of Liberia, Misuse of Public money, property, or record; Theft and/or illegal disbursement and expenditure of public money), Theft of Property, Money Laundering, Criminal Facilitation, and Criminal Conspiracy. The indictment claimed that the funds were transferred from the National Security Agency’s account to the operational accounts of the Financial Intelligence Agency (FIA), held at the Central Bank of Liberia (CBL).
Tweah, along with his colleagues, ran with the matter to the Supreme Court after Criminal Court ‘C ‘ at the Temple of Justice in Monrovia in February 2025, denied their claim that they should not face criminal charges, arguing they are protected under legislation that mandates their secrecy and immunized them from prosecution due to their actions being in the interest of national security.
The prosecution, in turn, argued that the defendants acted outside the privilege provided to agents of the President and must answer for their actions in court. State prosecutors provided evidence of financial transactions involving the defendants, alleging misuse of public funds, detailing and highlighting the incidence of fraud.
Initially, the indictment claimed that the defendants illegally transferred funds into the FIA’s operational accounts (USD & LRD), which cannot be accounted for. The indictment also claimed that, between September 8th and 21st, 2023, the CBL transferred a total of L$1,055,152,540.00 (about US$5.6 million, at an exchange rate of L$190) into the Operational accounts of the FIA, upon the instruction of Tweah.
The prosecution presented an evidence transfer instruction from the MFDP, which the CBL submitted to the LACC, as well as a Statement of the said FIA account. On September 22, 2023, the Central Bank of Liberia transferred US$500,000.00 into the FIA’s United States Dollar Operational account (A/C #: 1502021605), upon the Finance Minister’s instruction. That same day, D. Moses P. Cooper, then FIA’s Acting Financial Comptroller, withdrew the US$500,000.00 from the CBL account.
The investigation did not establish any proof of documentary evidence from the National Security Council, the National Joint Security, or the FIA authorizing Tweah to approve and effect the transfer of the above-mentioned amounts to the FIA account.
Based on the evidence, the amounts of L$1,055,152,540.00 and US$500,000.00 were neither requested nor authorized.
But Tweah allegedly conspired with Cllr. Nyenati Tuan, then Acting Justice Minister and Acting Chairman of the National Joint Security, making the illegal transfer of the funds to the FIA’s operational accounts for subsequent withdrawal. The defendants did not dispute the charges, according to the indictment.
Also, Tweah and his co-defendants admitted to transferring the funds in question, but contended they had expended them in keeping with Section 11, subsection (d) of the National Security Reform and Intelligence (NSRI) Act of 2011, which provides that “Funds made available to them may be expended for any purpose necessary to carry out its functions, and may be expended without regard to the provision of laws relating to expenditure of government funds if essential for vital National Security Interest, unless specifically prohibited by other law”.
The defendants alleged that LACC’s investigation concluded that at some point in 2023, the total amount of US$500,000.00 and L$1.55 billion was withdrawn from the Central Bank of Liberia, through the operational account of the Financial Intelligence Agency, and applied towards National Security purposes by the National Security Council of Liberia.
They mentioned that they were all members and agents of the National Security Council (NSC) of Liberia who were responsible for carrying out the functions of the National Security Council of Liberia, chaired by the President of Liberia, consistent with the NSRI Act of 2011. They relied heavily on Sections 3(f) and 11(d) of the acts to make their case.
According to section 3(f), “Trustees of State Secrets: Every member, personnel or employee of the NSC shall be deemed a trustee of the secrets of the Republic and when entering upon the duties of the Council shall be, in case of the members sworn by the Chair and in the case of the personnel and employees, by the secretary, not to divulge any information which has come to his or her knowledge by reason of such membership or employment with the Council except as required in the course of duty.”
The defense argued, therefore, that prosecuting them would cause them to violate the oath of secrecy stipulated in national security legislation, and, thereby, subject any offender(s) to a fine of one L$100,000 or up to ten years imprisonment or both.
However, Prosecution repeatedly argued that the defendants acted outside of the privilege provided to agents of the President in Article 61 of the 1986 Constitution of Liberia. On that basis, they argued the defendants cannot enjoy this privilege and must submit to trial in Criminal Court ‘C’, as the court of competent authority.
Judge Willie sided with the prosecution. “This case cannot be dismissed for lack of subject matter jurisdiction, based on the facts, circumstances, and the laws cited hereinabove, the prosecution must be allowed to prove their case,” Willie’s judgment noted. “The Motion to Dismiss is hereby denied and the case is ordered to proceed forthwith.”
