Days after a motion was filed to dismiss an indictment drawn against former Finance Minister Samuel D. Tweah and four others facing trial for economic related crimes, Judge Roosevelt Z. Willie at Criminal Court “C” has reserved ruling into the motion for tomorrow, Friday, February 28, 2025.
The Motion to Dismiss was argued pro and con before Judge Willie on Wednesday, February 26, 2025, in a crowded court; therefore, the jury selection process is at stand still until the motion is disposed of.
Judge Willie was alerted of the prosecution’s failure to serve their resistance to the motion to the defense lawyers in which the Judge nearly issued a fine on the state lawyers if not for them apologizing.
The defendants’ motion filed by their lawyers argued that their clients were operating within the scope of their official duties as members of the National Security Council (NSC) and should therefore be shielded from prosecution.
The defendants, Cllr. Nyenati Tuan, former Acting Minister of Justice and Attorney General, Stanley S. Ford, former Director of the Financial Intelligence Unit, Jefferson Karmoh, former National Security Adviser to ex-President George Weah, and D. Moses P. Cooper, former FIA Comptroller, are accused of withdrawing US$500,000 meant for the procurement of IT equipment but failed to account for the funds.
The Liberia Anti-Corruption Commission (LACC) and the Ministry of Justice initiated the case after an investigation into the alleged misuse of funds from the Central Bank of Liberia (CBL).
Defense Argues Lack of Jurisdiction
In a motion filed before the Judge, the defense team comprising Cllr. M. Wilkins Wright, Cllr. James N. Kumeh, Cllr. Norris Lester Tweah, Weifueh A. Sayeh, and Cllr. Arthur T. Johnson, argued that the indictment should be dismissed on grounds that the alleged transactions fell under national security operations, making them immune from judicial scrutiny.
Prosecution Counter Argues
State lawyers/respondent said that the entire motion should be dismissed because the defendants have already pleaded to the indictment by joining issues with the State. Prosecution relied on Chapter 16, Subsection 16.7 of the Criminal Procedure Law of Liberia, captioned “Motion to dismiss- raising defenses and objections before trial,” where Paragraph 3 says that: “The motion to dismiss shall be made before plea is entered, but the court may permit it to be made within a reasonable time thereafter.” They said the Statute is unequivocally clear by using the mandatory word “SHALL”, meaning, Tweah and others were under obligation to have filed their so-called motion to dismiss the indictment prior to their pleas.
Prosecution maintains that the defendants surfer waiver and lashes, and therefore, they cannot cure said defects, especially so, when they themselves have taken one step beyond their pleas by invoking their right to jury trial; hence, motion to dismiss the indictment will not lie, and the entire motion should be denied.
According to prosecution, the former officials’ entire motion presents factual issues but lacks the substances that constitute the grounds for Motion to Dismiss the Indictment; thus it is a fit subject for dismissal.
Prosecution prayed the court to deny, dismiss the motion as if it was never filed, and order these proceedings proceeded with. It can be recalled that on Monday, February 24, 2025, 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 Judge Willie dismiss the indictment drawn against them with prejudice to the state.
The defendant prayed the court to dismiss the entire accusation made against them by government lawyers on grounds of national security immunity and interests based on the subject-matter.
The ten-count motion 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 were 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 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.
The defendants then prayed Judge Willie to grant their motion and dismiss the indictment with prejudice 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.”
By T.Q. Lula Jaurey
