The Clar Hope Foundation, through its legal representatives, has filed a motion to quash a Writ of Subpoena Duces Tecum, which orders the Foundation’s officials to appear in court and present documents related to the organization’s construction and financing. The Foundation argues that there is a lack of subject matter jurisdiction and legal authority to justify the subpoena.
It is important to note that the Asset Recovery and Property Retrieval Task Force previously filed a petition requesting that Criminal Court ‘A’ subpoena the management of the Clar Hope Foundation to produce documents concerning the Foundation’s construction in Marshall. The management is scheduled to appear in court on Friday, January 23, 2026. However, the Foundation’s motion asserts that there is currently no civil action, criminal proceeding, petition, or cause of action pending against the Respondent in court. As stated by the Petitioner, “Under Liberian law, a subpoena, whether ad testificandum or duces tecum, is an ancillary process and must be issued in aid of a pending judicial proceeding. A court cannot exercise compulsory process in a vacuum, nor can it compel attendance or the production of documents without a live case or controversy properly before it.”
The motion further clarifies that subpoenas can only be issued within the context of a pending action. Section 14.1 of the Civil Procedure Law defines a subpoena as a process commanding a person to attend, testify, or produce documents in an action at a specified time and place. Additionally, Section 14.2 of the Civil Procedure Law allows for the issuance of subpoenas solely by the court in which the action is brought. Section 17.3 of the Criminal Procedure Law permits subpoenas “at the request of either the prosecuting attorney or the defendant,” clearly implying the existence of an ongoing criminal action before the court. In the absence of such an action, the court lacks jurisdiction to issue or enforce a subpoena, making any such writ null and void from the outset.
Furthermore, Article 21(h) of the 1986 Constitution of Liberia states: “No person shall be compelled to furnish testimony or evidence against himself. He shall be presumed innocent until proven guilty beyond a reasonable doubt.” The Foundation maintains that the subpoena duces tecum compels the Respondent to produce financial, donor, and institutional records without the existence of any charges, claims, or ongoing adjudicatory proceedings. They argue that the compulsory production of documents outside the context of a lawful judicial proceeding constitutes coerced evidence gathering, violating the protections granted under Article 21(h).
Clar Hope Foundation’s legal counsel, led by Cllr Jonathan Massaquoi and Atty Walma Blaye Sampson, contend that the Constitution does not permit the State or its instrumentalities to invoke judicial power as a means of investigation without due process and jurisdiction.
The motion concludes with the request: “WHEREFORE AND IN VIEW OF THE FOREGOING, the Respondent respectfully prays this Honorable Court to: QUASH AND SET ASIDE the Writ of Subpoena Duces Tecum issued against the Respondent for lack of jurisdiction; DISCHARGE the Respondent from any obligation to appear or produce documents pursuant to said writ; DECLARE that compulsory process may only be issued upon the filing and pendency of a proper action before a court of competent jurisdiction; and GRANT any and all further relief this Honorable Court deems just, legal, and equitable.” Courtesy By Melvil Jackson/ Spoon FM
