Liberia: Court Reserves Ruling, As Tamma Challenges Double Indictment in U.S.$3.6m Fraud Case
A major decision as to whether or not it is illegal on the part of the Liberia Anti-Corruption Commission (LACC) to indict TAMMA Corporation for the same offence twice was on Wednesday, September 17 reserved.
The decision was announced by Judge Ousman F. Feika of Criminal Court ‘C’ shortly after lawyers representing both the TAMMA Corporation and the Liberia Anti-Corruption Commission (LACC), the prosecutor’s roundup with their respective legal arguments, on TAMMA’S motion that raises legal technicalities.
TAMMA Corporation and its co-defendants, including former Liberia Telecommunications Authority (LTA) Chairperson Abdullah Kamara, were charged with multiple economic and financial crimes, including Economic Sabotage, Theft of Property, Misuse of Public Funds, Illegal Disbursement and Expenditure of Public Money, Misapplication of Entrusted Property, Criminal Facilitation, Criminal Conspiracy and Criminal Solicitation, for defrauding the government of US$3.6 million.
The allegations stem from investigations launched by the Liberia Anti-Corruption Commission (LACC), in 2024 into the alleged diversion of public funds and misuse of office involving TAMMA Corporation and its former leadership, including Zackpah who was serving as LTA Chairperson at the time.
TAMMA was first indicted on July 15, 2025, and, while the first indictment is still pending undetermined, the LACC again on September 8, 2025, indicted TAMMA for the second time in a role, which TAMMA is seeking for dismissal of the entire indictment, meaning it should be banned from answering to the multiple charges.
In the motion to dismiss, TAMMA argued that it was indicted on July 15, 2025, and filed a valid criminal appearance bond, along with other motions some of which were disposed of and while others were still pending undetermined before the court.
TAMMA further argued that, while the July 15 indictment was before the court awaiting prosecution, the LACC again, on September 4, 2025, indicted them for the same offences that were pending before the same court.
TAMMA further argued that it is illegal for it to be indicted for the same offence twice and also be prosecuted twice before the same court, arguing “it is legally imperative for the court to quash and dismiss the second indictment.”
According to the indictment, TAMMA claims, it applied for and obtained Clerk’s Certificate to the effect that the first indictment was not nolle prosequi by the prosecution, which obtained the second indictment.
In response, LACC argued that the motion to dismiss the indictment is premature and can’t lie.
They further argue that, while it is true that they filed a second indictment on September 8, 2025, the said TAMMA Corporation has not yet been served a copy of said indictment. And, neither has the said TAMMA Corporation been brought under the jurisdiction of the court by way of a writ of summon.
They said, it is true that it filed an indictment on July 15, 2025, in which TAMMA Corporation was indicted by and through its CEO Abdullah Kamara. However, Kamara, who later claimed he was no longer CEO of TAMMA, asked to be dropped and the same was granted by the court on August 1, 2025, which automatically paved the way for the second indictment of September 8, 2025.
They further argue that up to the filing of the response, it has already entered a plea of nolle prosequi on behalf of TAMMA Corporation, which was filed on July 15, 2025.
According to them, the TAMMA Corporation is jumping the gun, as the LACC is yet to serve them a copy of the new indictment, and had nolle prosequi, which rendered the motion to dismiss moot, inapplicable and unavailable in the present case.
“This being the case, the motion to quash or dismiss should be set aside as the court endeavours to bring TAMMA Corporation under the jurisdiction consistent with the indictment of September 8, 2025,” the response added.
A tough call for the Criminal Court ‘C’
A threshold question for the Criminal Court will be if they can dismiss the indictment, because the same party is indicted twice, while the first indictment is still pending undetermined.
Although the prosecution admitted to the two indictments, it argued that it has already entered a plea of nolle prosequi on behalf of TAMMA Corporation.
And even in a scenario in which the Court finds that the LACC is in procedure errors, it is far from game over for TAMMA Corporation.
The LACC would still have plenty of other legal avenues at their disposal to re-indict the TAMMA Corporation.
By Liberian Observer.
