Liberia: Supreme Court Decides Tweah’s, Others’ Fate in U.S.$6.1m Corruption Case Today

The Presiding Chamber Justice at the Supreme Court will on Monday, March 10, hear oral arguments whether Judge Roosevelt Willie of Criminal Court ‘C’ was correct to deny the former National Security Council (NSC) members’ motion to dismiss the US$6.1 million indictment on immunity grounds.

Whatever Associate Justice Cianeh Clinton-Johnson decides today will determine the immunity of NSC members, including former Finance Minister Samuel Tweah, forever.

However, Justice Clinton-Johnson may likely be handing down ruling and, if she should issue an alternative writ of prohibition, it would mean that she has introduced a precedent that every member of the NSC is immune from prosecution for any actions they took while in office.

On February 24, 2025, the defendants moved to dismiss the case, 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.

They had maintained 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 acts to make their case.

The prosecution, in turn, argued that the defendants acted outside the privilege provided to agents of the President and must answer for their actions in court.

The prosecution provided evidence of financial transactions involving the defendants, alleging misuse of public funds. The case against the defendants will move forward in court.

The prosecution had repeatedly argued and provided evidence of financial transactions involving the defendants, alleging misuse of public funds, in the amount of US$1.6.1 million.

The prosecution had claimed that at some point in 2023, the total amount of US$500,000.00 and L$1.55 billion was withdrawn from the Central Bank of Liberia, through the operational account of the Financial Intelligence Agency, and applied towards National Security purposes by the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 challenged ruling in favor of the prosecution team, Judge Willie stated that the case should proceed without dismissal.

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 Liberia Anti-Corruption Commission (LACC) and the Ministry of Justice (MoJ) brought the charges jointly.

The Evidence

The prosecution made a detailed case highlighting the incidence of fraud. Initially, the prosecution claimed 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.

On September 22, 2023, the CBL Management transferred US$500,000.00 into the FIA’s United States Dollar Operational account (A/C #: 1502021605) upon the Finance Minister’s instruction. The prosecution entered the Bank Statement of said account into evidence.

That same day, D. Moses P. Cooper, then FIA’s Acting Financial Comptroller, withdrew the US$500,000.00 from the CBL account.

But the cash is no more notable than the paper trail – or lack thereof.

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.

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.

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 acts 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.”

By Liberian Observer.