The Supreme Court of Liberia has cited both parties in the ongoing corruption trial involving former Finance and Development Plaining Minister Samuel D. Tweah and four other ex-officials.
The other defendants are former Solicitor General Nyanti Tuan, former Financial Intelligence Agency Controller P. Moses Cooper, Stanley S. Ford, Director for Financial Intelligence Agency and Jefferson Karmoh, Former National Security Advisor to former President George Manneh Weah.
The high court cited all parties, including the Presiding Judge Roosevelt Z. Willie, based on his ruling against the former officials of government to have charges dropped against them based on serious security implications.
The defendants recently filed a writ of prohibition seeking the Chambers Justice of the Supreme Court to stop the proceedings until their complaints are heard, but contrary to the writ prayed for, the Chambers Justice cited both parties.
The citation, which was sent out on March 6, 2025, reads, “By directive of Her Honor Ceaineh Clinton Johnson, Associate Justice presiding in chambers, you are hereby cited to conference with her Honor on Monday, March 10, 2025, in connection to the writ of prohibition filed by the defendants through their legal counsel.”
Judge Willie, presiding over the high-profile alleged corruption case, on February 28, 2025, denied ex-Finance Minister Tweah and four others’ motion to dismiss and ordered the case to proceed.
“IN VIEW THEREFORE, this case cannot be dismissed for lack of subject matter jurisdiction, based on the facts, circumstances, and the laws cited herein above and, the Prosecution/Respondent must be allowed to prove their case, Hence, the Motion to Dismiss is hereby denied and the case is ordered proceeded forthwith,” Judge Willie ruled.
He adjudged that predicated upon the actions by the defendants, Liberia Anti-Corruption Commission (LACC), through the Ministry of Justice, alleged that the former officials of government acted outside of the privilege provided to agents of the President in Article 61 of the 1986 Constitution of Liberia; therefore, they cannot enjoy the privilege for which they must answer and the only place to answer is Criminal Court “C.”
To determine the ruling, two issues were raised, which include, “Are all actions to include financial transactions undertaken by members of the National Security Reform Intelligence (NSRI) exempt from Prosecution; whether or not these Defendants/Movants can invoke the privilege covered by the President under Article 61 of the 1986 Constitution of Liberia?”
Judge Willie answering the first issue said an emphatic NO, because, the very NSRI Act relied upon by the defendants, a copy of which is attached to the Motion filed, Section 7(C) states in part that, ‘In addition, the provision does not exempt them (members of the NSRI) from legally mandating accountings within the Government of Liberia.’
According to him, it’s unequivocally clear that there may be instances of impropriety of accounting for funds or actions taken by the members of the NSRI and, when this happens, the only reasonable place to prove or disprove such accounting is the court and as in the case at bar.
Judge Willie said another portion of the same NSRI Act that lays the basis for the answer to the issue above to be in the negative, is found in Section 11, titled, “Financial”, specifically Section 11(d), which states that, “Funds made available to them (members of the NSRI) may be expended for any purpose necessary to carry out its functions, and may be expended without regard to the provisions of laws relating to the expenditure of Government funds if essential for vital national security interests unless specifically prohibited by other law”.
In this section, according to the Judge, the members of the NSRI are exempt from Financial Transactions only if funds provided to them are expended for vital national security interests; otherwise, they can be prosecuted according to laws.
He hastened also to intertwine these Sections of the law as provided in the NSRI Act of 2011, with the Act establishing the Financial Intelligence Agency (FIA), which states in Section 67.8, titled “Immunity”, “No civil, criminal, or administrative action shall be brought against the Director General, any officer, employee or agent of the FIA acting under the direction of the Director General for anything done in good faith in the administration or lawful discharge of any powers, duties or functions under this chapter.
Judge Willie wondered how come, the defendants are relying on the same Act and saying that they are immune to all actions”, especially financial transactions even when there are warnings to members of both Acts, who undertake financial transactions contrary to the Acts establishing the NSRI and the FIA and, the Prosecution/Respondent say, they are relying on the portions, 7(c) and 11(d) of the NSRI Act of 2011, as well as 67.8 of the FIA Act of 2022, which according to them the Defendants/Movants have violated.
Speaking on the second issue, whether or not these defendants can invoke the privilege covered by the President under Article 61 of the 1986 Constitution of Liberia? The answer to this question was again an emphatic NO.
The judge stated Article 61 of the 1986 Constitution of Liberia, which says that “The President shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any act done by him while President of Liberia under any provision of this Constitution or any other laws of the Republic.” The President shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act done while President,” the Judge said.
By T.Q. Lula Jaurey
