Just within five minutes to the commencement of the trial which coupled with the selection of jurors, former Finance and Development Planning Minister Samuel D. Tweah and four other defendants facing economic related charges filed a motion through their lawyers to have Criminal Court “A” Judge Roosevelt Z. Willie dismiss the indictment drawn against them with prejudice to the state.
Defendants Tweah, Cllr. Nyenati Tuan, former Solicitor General and Acting Minister of Justice, Stanley S. Ford, former Director of the Financial Intelligence Agency, Jefferson Karmoh, former National Security Advisor to former President George Manneh Weah and D. Moses P. Cooper, former Comptroller, Financial Intelligence Agency, on Monday, February 24, 2025, filed a motion before the court praying it to dismiss the entire accusation made against them by government lawyers.
Lawyers representing the defendants including Cllrs. M. Wilkins Wright, James N. Kumeh, Norris Lester Tweah, Weifueh A. Sayeh and Arthur Tamba Johnson prayed the court to grant their motion to dismiss the indictment on grounds of national security immunity and interests based on the subject-matter.
In a ten-count motion, the defense council said that the accused persons were all members of the National Security Council (NSC) of Liberia responsible for carrying out its functions, chaired by the President of Liberia, consistent with the National Security Council Reform and Intelligence Act of 2011.
The petition says that on February 27, 2024, Front Page Africa published a story alleging that the Financial Intelligence Agency (FIA) of Liberia received the sum of US$500,000 from the Ministry of Finance and Development Planning (MFD) for the purchase of IT Equipment for FIA, but the purchase was never made and the funds were not accounted for.
Based upon the newspaper publication, the Liberia Anti-Corruption Commission (LACC) launched an investigation into the circumstances surrounding the disbursement by MFDP and the withdrawal of US$500,000 from the Central Bank of Liberia (CBL).
The motion to dismiss alleged that LACC’s investigation concluded that at some point in 2023, US$500,000 and L$1,000,000,000 was withdrawn from the CBL through the operational account of the Financial Intelligence Unit, and applied towards National Security purposes by the National Security Council of Liberia.
Based on that the investigation conducted by the LACC in 2024, A Grand Jury brought down a true bill in September 2024 where a Writ of Arrest was then issued by Criminal Court “C” against all the five defendants on August 6, 2024 and an indictment drawn by the Special Grand Jury of Montserrado County.
Also, the motion states that the National Security Council of Liberia was created by an Act of Legislature in 2011 for the purpose of protecting the national security interest of the country. Specifically, Liberia’s National Security Council (NSC) is the highest advisory and decisional body on national security matters.
The National Security Council is responsible for formulating policies, coordinating security agencies, and ensuring the protection of the state, and directing national security actions.
According to the motion, as agents and advisors to the President of the Republic of Liberia and the National Security Council, the defendants exercised discretionary authority in matters critical to national security and governance, and NSRI of 2011 prohibits disclosure of any information that comes to them by virtue of being members of the Council.
The defendants’ motion says that they cannot be compelled by any court to divulge information relating to their functions as members of the National Security Council. The defendants said the indictment which charges them with Economic Sabotage, Theft, and other related offenses is legally deficient, constitutionally infirm, and a violation of well-established statutory and executive immunity principles.
The motion furthers states that the indictment improperly seeks to criminalize constitutional, national security, statutory, and discretionary acts performed by officials while in the discharge of their official responsibilities to further national security interest of the country; as such, any such judicial process, as now being contemplated by the indictment, to review or ascertain the actions or activities of members of the National Security Council potentially risk exposing or disclosing classified and confidential government communications and intelligence. Such disclosure would be a direct contravention of the National Security Council Act.
The defendants then prayed Judge Willie to grant their motion and dismiss the indictment with prejudice; “therefore, under the National Security Reform and Intelligence Act of 2011 as found in Section 3 f, which provides that “Every member, personnel or employee of the Page 2 of 4 National Security Council 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 members, sworn by the chair and in case of the personnel and employees, by the secretary, not to divulge any information which has come to his or knowledge by reason of such membership required in the course of duty or employment with the Any violation of this council except as oath shall subject the offender(s) to a fine of One Hundred Thousand Liberian Dollars or up to ten years imprisonment or both.”
Meanwhile, Prosecution prayed for time to adequately respond to the motion to dismiss from defense lawyers. As part of the evidence discovery, prosecution lawyers have requested to issue a writ of subpoenas Duces Tecum on the Central Bank of Liberia and Financial Intelligence Agency to produce documents relevant to the case.
By T.Q. Lula Jaurey
