The Associate Justice presiding in chambers at the Supreme Court of Liberia, Yamie Quiqui Gbeisay, has ordered Criminal Court “C” Judge A. Blamo Dixon to step aside from the ongoing corruption trial of former Finance Minister Samuel D. Tweah and four others.
The Chambers Justice over the weekend in a mandate ordered Judge Dixon to recuse himself from the economic sabotage case citing the need for transparency and justice. He says that the high court is of the opinion that Judge Dixon should recuse himself from the trial in the interest of transparency and justice.
Judge Gbeisay ruled that the court’s long-standing principle which is, “Every litigant, including the state in criminal cases, is entitled to nothing less than the cold neutrality of an impartial Judge.”
He says if the Judge before whom a case is to be tried is prejudiced or otherwise disqualified, that Judge may be challenged, and if the challenge is sustained, the case may be moved to another court or tried before another Judge. But defense lawyers argue that Cllr. Richard Scott, who is Montserrado County Attorney, along with his team had no legal grounds for Judge Dixon’s recusal.
The defendants through their lawyers contend that the grounds for recusal in Liberia include demonstrable conflict of interest, proven blood relations, and other statutory or legal grounds established by the Supreme Court.
However, Justice Gbeisay says that a Judge who loses the appearance of neutrality and fairness in the eyes of one of the parties based on statements and actions on record must recuse himself to preserve the sanctity of the trial and the court.
Speaking on whether the trial judge erred in denying prosecution motion for recusal, Justice Gbeisay acknowledged state lawyers’ argument that Judge Dixon’s actions were biased and prejudicial.
The Chambers Justice highlights a specific instance where Judge Dixon questioned the detention of co-defendant Samuel D. Tweah Jr. at the Monrovia Central Prison, suggesting it might not help the prosecution’s case.
On December 23, 2024, Cllr. Scott filed a second petition for a Writ of Certiorari against Judge Dixon for his alleged refusal to recuse himself from the case. Prior to the December 23, 2024 application, Scott filed a motion requesting Judge Dixon’s recusal, citing bias in his proceedings since the start of the case.
On December 18, 2024, Criminal Court “C” was expected to kick-off Tweah’s and others’ trial to answer to the alleged corruption allegation levied against them, after the Supreme Court Chamber Justice declined to issue a Writ of Certiorari prayed for by Scott and his men.
The court set December 4, 2024 for the commencement of the case hearing but state lawyers filed a Writ of Certiorari against Judge Dixon and Tweah for what they referred to as defective bail bond.
Other defendants are Nyanti Tuan, former Acting Justice Minister/ Solicitor General, D. Moses P. Cooper, former Controller of the Financial Intelligence Agency, Stanley S. Ford, former Director of Financial Intelligence Agency, and Jefferson Karmoh, former National Security Advisor to President George Weah.
The former officials of government were indicted by the Liberian government in September of 2023 for allegedly stealing LD$1,055,152,540 billion and US$500,000 during tenures of their respective positions.
The defendants were expected to be arraigned in open court where they would either plead guilty or not guilty to their indictments.
The indictment is as a result of a complaint filed by the Liberia Anti-Corruption Commission (LACC) through the Ministry of Justice.
The former officials were indicted for crimes of 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) 2. Theft of Property, Money Laundering, Criminal Facilitation, Criminal Conspiracy.
It can be recalled that former Solicitor General Nyanti Tuan, P. Moses D. Cooper, Jefferson Karmoh and Stanley S. Ford, were arrested and Jailed on July 29, 2024 while former Finance Minister Samuel D. Tweah left the country. However, four officials were later released on bail following their detention at the Monrovia Central Prison.
By T.Q. Lula Jaurey
