Liberia: Tweah’s U.S.$6m ‘Corruption’ Case in Limbo?

The US$6 million corruption case involving former Finance Minister Samuel Tweah remains in limbo, as the Supreme Court has yet to issue a ruling on their alleged criminal immunity. He stands accused alongside other former members of the National Security Council (NSC) who served under former President George Weah’s administration.

Presiding Chamber Justice Ceaineh Clinton-Johnson had declared a temporary halt to the trial, three months ago. The continued delay in resuming these pivotal legal proceedings has left many wondering when oral arguments will be scheduled for Tweah’s petition for prohibition.

Justice Clinton-Johnson granted the alternative writ of prohibition, referring the matter to the Full Bench, since Tweah’s contention raises constitutional concerns.

Critics suspect the hearing is intentionally being delayed until after Chief Justice Sie-A-Nyene Yuoh’s retirement. Despite initial momentum and accusations of a scandal involving the transfer of US$6 million to questionable accounts, there is now unsettling silence surrounding the case.

The question being asked by many Liberians, are what is wrong with the initial momentum by the government of being in possession of overwhelming evidence to prosecute Tweah and others has died down, replaced by an unsettling silence.

What has become of the LACC’s indictment?

Has Tweah been cleared of wrongdoing, or has there been no evidence to prosecute the case?

The allegations were serious: a purported US$6million payment to questionable accounts, at the Financial Intelligence Agency (FIA) raising eyebrows and ire across the nation.

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).

The defendants pressed the matter to the Supreme Court after a 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 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.

Ruling in favor of the prosecution team, Judge Roosevelt Willie stated that the case should proceed without dismissal.

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.

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.”

So what has happened to the case? Three months is more than enough time for the justices to conclude the matter.

By Liberian Observer.