MONROVIA – The Liberian Investigator has gathered that the Supreme Court of Liberia has issued a stay order on the high-profile economic sabotage trial involving former Finance Minister Samuel D. Tweah and four other former officials, temporarily halting proceedings pending a conference.
The decision follows the lower court’s rejection of a motion to dismiss, which the defense had filed, arguing that the defendants were protected under national security laws and executive immunity provisions.
The case centers on allegations that Tweah, along with former Acting Justice Minister Nyenati Tuan, former National Security Adviser Jefferson Karmoh, former Director of the Financial Intelligence Agency Stanley S. Ford, and former FIA Controller D. Moses P. Cooper, orchestrated the unauthorized transfer of L$1,055,152,540 and US$500,000 from the Central Bank of Liberia (CBL) to the FIA’s operational accounts. Prosecutors allege that the funds remain unaccounted for, pointing to financial misconduct at the highest levels of the former administration.
The Supreme Court’s decision to place a hold on the trial represents a legal twist in a case that has seen a battle over the interpretation of national security laws, executive immunity, and financial oversight. Sources familiar with the ruling indicate that the high court intends to review the constitutionality of the lower court’s decision before allowing the trial to proceed.
Defense Argues Immunity and National Security Protections
The defense has persistently argued that the defendants were acting under the direct authority of former President George M. Weah, who chaired the National Security Council, and that their actions fall within classified national security operations, making them immune from prosecution. They cited the National Security Reform and Intelligence Act of 2011 and the Financial Intelligence Agency (FIA) Act of 2022 as the basis for their immunity claims.
“The Movants were all members and agents of the National Security Council (NSC) of Liberia who were responsible for carrying out the functions of the NSC, chaired by the President of Liberia. Their actions were strictly for national security purposes, and this court does not have the jurisdiction to review such matters,” the defense argued in its motion.
Judge Roosevelt Z. Willie of Criminal Court ‘C’ rejected this argument, ruling that national security provisions do not grant a blanket exemption from financial accountability. He cited explicit clauses in the NSRI Act that mandate financial oversight, stating, “This provision does not exempt NSRI members from legally mandated accountings within the Government of Liberia.”
Additionally, Judge Willie ruled that Article 61 of the Liberian Constitution, which provides immunity to the sitting President, does not extend to appointed officials. “The President shall be immune from any suits, actions, or proceedings, judicial or otherwise… However, the President shall not be immune from prosecution upon removal from office for the commission of any criminal act,” he stated in his ruling.
Prosecution Pushes for Accountability
The prosecution, led by the Ministry of Justice and the Liberia Anti-Corruption Commission (LACC), insists that this is not a case of national security but one of public financial accountability. They argue that the transfers authorized by Tweah were not requested by the National Security Council, the National Joint Security, or the FIA itself, raising serious red flags.
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