The Supreme Court has mandated the lower court, Criminal Court 'C' to resume jurisdiction over the US$6 million corruption case involving former Finance Minister Samuel Tweah, and other former members of the National Security Council (NSC) who served under former President George Weah's administration( petitioners)
The higher court took the decision after denying their claim, that they should not face criminal charges, arguing they are protected under legislation that mandates their secrecy and immunizes them from prosecution due to their actions being in the interest of national security.
However, the Supreme Court said, the former government officials are not entitled to National Security Council (NSC) immunity or confidentiality.
According to Article 61 of Liberia's Constitution, presidential immunity is personal to the President and cannot be invoked by subordinates.
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This ruling implies that the petitioners, not being members of the NSC under the 2011 Act, are not protected by NSC immunity and must face legal proceedings.
The court's decision emphasizes that presidential immunity is exclusive to the President and does not extend to other officials, ensuring accountability among government personnel.
"After reviewing the petitioners' petition, the respondent's returns, the statutes, the Constitution, and the records sent to this Court, we hold that the petitioners are not members of the National Security Council under the 2011 Act, therefore, they cannot claim NSC immunity or confidentiality," the justices noted.
"We further hold, that under Article 61 of
the Constitution of Liberia, presidential immunity is personal to the President and cannot be invoked by subordinates," the ruling said.
The ruling also maintains that the opinion that the trial judge's ex-parte subpoenas were lawful, proper, and necessary for justice; that the petitioners' request for a prohibition suffers laches and waiver in that they had earlier pleaded to the indictment and participated in the selection of jurors.
" Also, we hold that no separation of powers or political question doctrine prevent the courts of Liberia from investigating alleged criminal misuse of public funds," the court emphasized.
They continue, "in light of the above, and the petitioners having failed to show that the trial court exceeded its jurisdiction or abused its authority, the extraordinary remedy of prohibition will not be granted in this case."
"Wherefore, and in view of the foregoing, the petition for the writ of prohibition is denied. The alternative writ issued is quashed, and the peremptory writ prayed for is denied," according to the ruling.
Therefore, the ruling added, "This matter is hereby remanded to the trial court to resume jurisdiction and proceed with the trial in keeping with the law. The clerk of this Court is hereby ordered to send a Mandate to the court below commanding the judge presiding therein to resume jurisdiction and proceed in keeping with the Judgment of this Opinion."
The higher court got involved into the matter, after the lower court, Criminal Court 'C ' in February 2025, denied their claim that they should not face criminal charges, arguing they are protected under legislation that mandates their secrecy and immunizes them from prosecution due to their actions being in the interest of national security.
The Immunity Claim
The defense did not dispute the charges. According to their motion, Tweah and his associates admitted to transferring the funds in question, but contended they had expended them in keeping with Section 11, subsection (d) of the National Security Reform and Intelligence (NSRI) Act of 2011, which provides that "Funds made available to them may be expended for any purpose necessary to carry out its functions, and may be expended without regard to the provision of laws relating to expenditure of government funds if essential for vital National Security Interest, unless specifically prohibited by other law".
They furthered that the LACC's investigation concluded that at some point in 2023, the total amount of US$500,000.00 and L$1.55 billion was withdrawn from the Central Bank of Liberia, through the operational account of the Financial Intelligence Agency, and applied towards National Security purposes by the National Security Council of Liberia.
The defense emphasized that they were all members and agents of the National Security Council (NSC) of Liberia who were responsible for carrying out the functions of the National Security Council of Liberia, chaired by the President of Liberia, consistent with the NSRI Act of 2011. They relied heavily on Sections 3(f) and 11(d) of the act to make their case.
According to section 3(f), "Trustees of State Secrets: Every member, personnel or employee of the NSC 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 the members sworn by the Chair and in the case of the personnel and employees, by the secretary, not to divulge any information which has come to his or her knowledge by reason of such membership or employment with the Council except as required in the course of duty."
The defense argued, therefore, that prosecuting them would cause them to violate the oath of secrecy stipulated in national security legislation, and, thereby, subject any offender(s) to a fine of one L$100,000 or up to ten years imprisonment or both.
The prosecution repeatedly argued that the defendants acted outside of the privilege provided to agents of the President in Article 61 of the 1986 Constitution of Liberia. On that basis, they argued the defendants cannot enjoy this privilege and must submit to trial in Criminal Court 'C', as the court of competent authority.
Judge Willie sided with the prosecution. "This case cannot be dismissed for lack of subject matter jurisdiction, based on the facts, circumstances and the laws cited hereinabove and, the prosecution must be given the opportunity to prove their case," Willie's judgement noted. "The Motion to Dismiss is hereby denied and the case is ordered proceeded forthwith.
Facing trial with the former Finance Minister are Cllr. Nyanti Tuan, former Acting Minister of Justice; Stanley S. Ford, former Director General of the Financial Intelligence Agency; D. Moses P. Cooper, former Financial Intelligence Unit Comptroller; and Jefferson Karmoh, former National Security Advisor.
These all served on the National Security Council (NSC) under Weah and are charged with 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), Theft of Property, Money Laundering, Criminal Facilitation and Criminal Conspiracy.
The funds were allegedly transferred from the National Security Agency's account to the operational accounts of the Financial Intelligence Agency (FIA), held at the Central Bank of Liberia (CBL).
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The Evidence
But the prosecution made a detailed case highlighting the incidence of fraud. Initially, the prosecution claims the defendants illegally transferred funds into the FIA's operational accounts (USD & LRD), which cannot be accounted for.
The indictment claims that, between September 8th and 21st, 2023, the CBL transferred a total of L$1,055,152,540.00 (about US$5.6 million, at an exchange rate of L$190) into the Operational accounts of the FIA, upon the instruction of Tweah. The prosecution presented as evidence transfer instructions from the MFDP, which the CBL submitted to the LACC, as well as a Statement of the said FIA account.
On September 22, 2023, the Central Bank of Liberia transferred US$500,000.00 into the FIA's United States Dollar Operational account (A/C #: 1502021605), upon the Finance Minister's instruction.
That same day, D. Moses P. Cooper, then FIA's Acting Financial Comptroller withdrew the US$500,000.00 from the CBL account.
The investigation did not establish any proof of documentary evidence from the National Security Council, the National Joint Security, or the FIA authorizing Tweah to approve and effect the transfer of the above-mentioned amounts to the FIA account.
Based on the evidence, the amounts of L$1,055,152,540.00 and US$500,000.00 were neither requested nor authorized. But Tweah allegedly conspired with Cllr. Nyenati Tuan, then Acting Justice Minister and Acting Chairman of the National Joint Security, causing the illegal transfer of the funds to the FIA's operational accounts for subsequent withdrawal.
