Under direct examination in Criminal Court 'C' on Thursday, former Finance Minister Samuel D. Tweah forcefully rejected the prosecution's indictment charging him and four other former officials with personally diverting US$6.2 million.
Tweah argued that the allegations cannot form the basis of a credible indictment because both the prosecution and the investigators "failed to conduct a thorough, serious, and competent investigation."
"Had the investigators undertaken even a modest amount of additional research, they would have gained a proper understanding of the operations of the Government of Liberia," Tweah testified. "They would have understood what is legally and administratively possible, and what is not possible."
Core Flaw: Institutional Knowledge Gap
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According to Tweah, the investigation is fundamentally flawed because the investigators lack practical legal and institutional knowledge of how the Government of Liberia actually functions. He described this knowledge gap as the "core problem" undermining the entire case. He alleged that contradictions, inconsistencies, and incoherence permeate the prosecution's case. He pointed specifically to what he called a double standard in the prosecution's logic:
"The Prosecution cannot have it both ways. It cannot claim the absence of a document is proof of guilt, while simultaneously arguing that the body that would have issued such a document is irrelevant to these proceedings."
On one hand, the prosecution relies on the absence of physical evidence -- such as a letter or authorization from the National Security Council -- to bolster its theory of wrongdoing. On the other, when the defense references the National Security Council to contextualize government operations, the prosecution objects in court, calling such references "extraneous" and irrelevant.
Tweah contended that this contradiction reveals the weakness of the case: the prosecution is using the lack of documentation as evidence of criminal intent, while refusing to engage with the very institutional framework that governs how such documentation is produced, approved, and classified within Liberia's national security architecture.
On the Money Laundering Allegation
Prosecutors claim the funds in the consolidated account were "dirty" simply because money moved from one government account at the Central Bank of Liberia to another government account at the Financial Intelligence Agency, FIA. The case centers on the transfer of more than L$1 billion and US$500,000 to accounts associated with the FIA.
As former Minister of Finance, Tweah said: "I, Samuel D. Tweah, oversaw national finances for 6 years. In that time, approximately US$3.5 billion passed under my signature as Minister. That is the normal, legal, audited flow of government funds."
"So by the Prosecution's logic, they want you to believe that for 6 years, the entire function of the Ministry of Finance was to launder US$3.5 billion. That is not just false -- it is absurd," Tweah testified. "If moving money between two government accounts constitutes money laundering, then every budget transfer, every salary payment, every disbursement to a government agency for the last 6 years would be a crime."
Tweah told the Court that the charge of money laundering should be "thrown out through the window of evidence, using both logic and law."
"The facts: None of the Defendants ever laundered any government money. The transactions in question have been proven to be legal and legitimate government-to-government transfers, documented, authorized, and consistent with the Public Financial Management Law of Liberia," Tweah added.
He urged the court to erase from memory "any notion that money laundering occurred here."
"The Prosecution has presented no evidence of concealment, no evidence of illicit origin, and no evidence of personal enrichment. What they have shown you is the ordinary operation of government," Tweah testified.
On the FIA and National Joint Security Allegation
The indictment further alleges that Jefferson Karmoh, in the discharge of his duties as then-National Security Advisor to the President and Secretary of the National Security Council, knowingly acted without approval or authorization from the Minister of Justice or the National Security Council when the FIA was admitted into the National Joint Security.
The indictment claims he conspired with Cllr. Nyanti Tuan, then Acting Minister of Justice and Chair of the National Joint Security, to admit the FIA.
But, in his testimony, Tweah said the National Security Council and the National Joint Security operate under the direction of the President.
"The record will show that the FIA's role in national security coordination was not clandestine, but functional. Intelligence agencies worldwide sit on joint security bodies," he noted.
According to him, the prosecution has not produced any statute, regulation, or Council resolution that was violated. "An allegation of 'no approval' is not proof of illegality. Where is the law that says the FIA cannot sit with the National Joint Security?" Tweah asked. "Coordinating government agencies to fight financial crimes and terrorism financing is not a criminal act. It is governance."
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"No witness has testified that these transfers were hidden. No document shows funds diverted to private use. No law has been cited that criminalizes inter-agency cooperation," he added.
Background of the Case
The defendants -- Tweah; Cllr. Nyanti Tuan, former Acting Justice Minister; Stanley S. Ford, former FIA Director General; D. Moses P. Cooper, former FIA Comptroller; and Jefferson Karmoh, former National Security Advisor -- face charges of economic sabotage, money laundering, fraud, criminal conspiracy, misuse of public money, and theft. 6af6
The Liberia Anti-Corruption Commission alleges the accused were involved in unauthorized transfers and subsequent withdrawal of over L$1 billion and US$500,000 from the Central Bank of Liberia in late 2023. Tweah has denied all charges, telling the court the state failed to present credible evidence linking him to any wrongdoing. a4ffb5fe
At issue is whether the transfers adhered to institutional safeguards governing public funds. The defense argues the spending was approved by the National Security Council and carried out under emergency conditions, while prosecutors say the lack of documented requests points to a breach of public financial management rules.
The trial continues.
