The Judge Presiding over the high profile alleged corruption case involving former Finance and Development Planning Minister Samuel D. Tweah and four others, Roosevelt Z. Willie, on Friday, February 28, 2025 denied Mr. Tweah and others’ motion to dismiss and ordered the case to proceed.
The Defendants, including Tweah and other Co-defendants, had filed a motion arguing that their actions were shielded from prosecution by the National Security Reform and Intelligence Act of 2011. Specifically, they invoked sections 7(c) and 11(d) of the Act, which they argued granted them immunity for actions undertaken in the interest of national security.
The case is said to be in motion but it is uncertain whether or not the defendants will take their case to the Supreme Court to review Judge Willie’s decision against them based upon their exception to the ruling. Judge Willie adjudged that the case cannot be dismissed for lack of subject matter jurisdiction, based on the facts, circumstances and the laws cite, as he wants prosecution be given the opportunity to prove their case. “Hence, the Motion to Dismiss is hereby denied and the case is ordered proceeded forthwith,” Judge Willie said.
The Judge pointed out that predicated upon the actions by Mr. Tweah and others, the Liberia Anti-Corruption Commission (LACC) through the Ministry of Justice alleged that the defendants acted outside of the privilege provided to agents of the President in Article 61 of the 1986 Constitution of Liberia; and therefore, cannot enjoy the privilege for which they must answer and the only place to answer is in the court while is Criminal Court “C”.
Making determination into the judgment, Judge Willie ruled on two issues that are: . Are all actions to include financial transactions undertaken by members of the National Security Reform Intelligence (NSRI) exempt from Prosecution? Answering, Judge Willie said the answer to this question is an emphatic NO!, because, the NSRI Act relied upon by the Mr. Tweah and others copy of which is attached to the motion filed, Section 7(C) states in part that, ‘In addition, this provision does not exempt them (members of the NSRI) from legally mandated accountings within the Government of Liberia, as he wondered why.’ According to him, the answer is unequivocally clear, in that, there may be instances of impropriety of accounting for funds or actions taken by the members of the NSRI and, when happens, the only reasonable place to prove or disprove such accounting.
“It is this Court, Criminal Court “C” located in Montserrado County, where the crimes are alleged to have been committed,” he ruled. Judge Willie outlined another portion of the NSRI Act which lays the basis for the answer to the issue to be in the negative, which is found in Section 11, titled, “Financial”, specifically Section 11(d), 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 expenditure of Government funds if essential for vital national security interests, unless specifically prohibited by other law.
He said members of the NSRI are only exempted from financial transactions, if and only if funds provided them are expended for vital national security interests; otherwise, they can be prosecuted according to laws. He ruled that the Sections of the law as provided in the NSRI Act of 2011, with the Act establishing the Financial Intelligence Agency (FIA), 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 the chapter.
Also, Judge Willie mentioned that notwithstanding the foregoing, such persons shall not be immune from liability for gross negligence or intentional or malicious crimes, or corruption. “We, therefore, wonder how come, the Defendants/Movants are relying on this same Act and saying that they are immune to all actions”, especially financial transactions even when there are warnings to members of the 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,” the ruling averred. Judge Willie asserted that by construction or implication, what these Sections of the both Acts are saying, is that, while it is true that all members of the National Security Reform Intelligence are immune from Prosecution, it is, and only if, when they operate within the ambit of the laws governing the NSRI and the FIA; otherwise, they can be prosecuted.
Speaking on the second issue Whether or not these Defendants/Movants can invoke the privilege covered by the President under Article 61 of the 1986 Constitution of Liberia? The answer to this question is again an emphatic NO. Criminal Court “C” Presiding Judge for the purpose of the ruling stated Article 61 of the 1986 Constitution of Liberia provides 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 pursuant to any provision of this Constitution or any other laws of the Republic. Continuing, the Judge stated that the President shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act done while President”.
According to Mr. Tweah and others logic, Judge Willie said they averred that since the former President, His Excellency George M. Weah was Chairman of the National Security Reform Intelligence and since he is immune from Prosecution for any acts committed except by removal by the National Legislature of Liberia, and since also the Defendants/Movants claimed that they were agents of the President and operating under his instruction, they are barred from prosecution and therefore, this Court has no jurisdiction to try them; because doing so would be tantamount prosecuting the President.
Judge Willie further said, the first paragraph of the indictment as drawn out by the Grand Jury of Montserrado County on September 5, 2024, states that, “between the period September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL as indicated in counts-7, 8 & 9 of the investigative report, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are L$1,055,152,540 and US$500,000.
He mentioned that Mr. Tweah then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Co-Defendant Tweh for which he (Defendant Tweh) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account.
Judge Willie ruled that Mr. Tweah in the discharge of his duties as then Minister of Finance and Development Planning (MFDP), knowing fully well that the amounts of L$1,055,152,540 and US$500,000 were never requested for by the National Joint Security, nor the National Security Council; and which were never authorized, but willingly conspired with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, thus causing the illegal transfer of the amount mentioned supra to the operational accounts (USD & LRD) of the Financial Intelligence Agency (FIA); and which cannot be accounted for. “So again, as per this paragraph of the indictment mentioned above, though Co-Defendant/Co-Movant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP) was a member of the National Security Council, the investigation by the LACC.”
For the purpose of the ruling, Judge Willie quoted Article 61 of the 1986 Constitution of Liberia which reads: “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 pursuant to 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”.
Also, the Judge stated that: so again, as per this paragraph of the indictment, though Co-Defendant/Co-Movant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP) was a member of the National Security Council, the investigation by the Liberian Anti-Corruption Commission (LACC) did not establish any proof or documentary evidence such as instruction or letter of request from the National Joint Security or the FIA or a Joint Security Resolution or from the former President to Co-Defendant/Co-Movant Tweah, for which he (Co-Defendant/Co-Movant Samuel Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account.
“Therefore, they should prove their case beyond reasonable doubt to prove their innocence Judge Willie concluded. However, the selection of jurors is pending for today, Monday, March 3, 2025 provided if the defense team will not take flight to the Supreme Court against the denial of their clients’ indictment.
By: T.Q. Lula Jaurey
