Liberia: Govt Witness Falters Under Cross-Examination

The high-profile US$6.2 million corruption trial involving former Finance Minister Samuel D. Tweah Jr. and four other former government officials took a dramatic turn on Friday, April 3, 2026, as the prosecution's lead witness struggled under sustained cross-examination.

Baba Mohammed Boika, Program Manager at the Liberia Anti-Corruption Commission (LACC), acknowledged in court that investigators did not trace how the disputed funds, approximately L$1.055 billion (about US$5.4-5.5 million) and an additional US$500,000, were ultimately used.

The money was allegedly transferred from government accounts between September 8 and 22, 2023, purportedly to support "joint security operations" ahead of the elections.

Boika testified that the funds were neither appropriated by the Legislature nor deposited into an official National Security Council account.

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However, under questioning by defense counsel Cllr. Arthur Johnson, he conceded that investigators could not establish whether the money was personally misappropriated or determine who ultimately received it.

"We were investigating an act of corruption," Boika told the court. "The defendants could not inform investigators which national security agencies received what allocations. On that basis, we moved forward with the indictment."

Defense Attacks Core of Prosecution's Case

The admission opened the door for the defense to challenge the foundation of the state's case. Cllr. Johnson argued that without tracing the flow of funds or proving personal benefit, the prosecution could not sustain a theft charge.

"If investigators did not trace or document how the funds were disbursed or applied, then on what basis did they conclude the funds were stolen?" he asked.

Legal observers note that this gap could prove fatal to the prosecution's case, which appears to rely heavily on the defendants' alleged failure or refusal to explain how the funds were spent.

Contradictions in Witness Testimony

Boika's testimony also revealed internal inconsistencies that further weakened the prosecution's position. While he initially stated that investigators were "not interested" in the operational breakdown of the expenditures, he later acknowledged that investigators did, in fact, seek details on how the funds were distributed among security institutions.

He confirmed that the defendants' refusal to provide such details formed part of the basis for the indictment. The defense countered that silence, particularly when linked to national security concerns, does not, by itself, amount to proof of theft or criminal intent.

Dispute Over FIA's Role in Joint Security Operations

Another point of contention centered on whether the Financial Intelligence Agency (FIA) was legally part of the Joint Security framework at the time of the transactions.

Boika claimed the FIA's inclusion was based on a 2023 letter from former National Security Advisor Jefferson Karmoh to former President George Weah.

The defense rejected that assertion, citing the National Security Act of 2011. They argued that the FIA's predecessor, the Financial Intelligence Unit (FIU), established in 2012 under former President Ellen Johnson Sirleaf, was already part of the Joint Security structure by statute.

According to the defense, the 2023 assignment of "Code 800" to the FIA was merely an administrative action and did not confer legal authority.

Boika also acknowledged the absence of key documentation, including written authorization from the National Security Council, any formal emergency declaration, and records showing how the funds were distributed to specific security agencies.

Although he testified that two of the defendants admitted the money was intended for Joint Security use, no written directive supporting that claim has been presented in court.

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