Published: February 25, 2026
MONROVIA — Criminal Court ‘A’ has ordered the Clar Hope Foundation to turn over financial and administrative records to the Asset Recovery and Property Retrieval Taskforce (AREPT) within one week, rejecting a motion by the foundation’s lawyers to quash a writ of subpoena duces tecum.
In a ruling delivered Tuesday at the Temple of Justice, Judge Roosevelt Z. Willie held that the foundation’s application lacked a sufficient legal basis and affirmed the authority of investigators to obtain documents relevant to an ongoing criminal inquiry.
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The order directs the foundation, through its management and General Manager, Jackson Paye Gbamie, to produce financial records, transaction documents, and other materials tied to the construction and operations of the Clar Hope Foundation. The deadline runs from Tuesday, Feb. 24, 2026, to Monday, March 2, 2026, at 4 p.m.
Judge Willie warned that compliance is mandatory and that failure to comply with the court’s directive could result in additional legal consequences.
Court Cites Precedent
In his opinion, Judge Willie addressed the foundation’s argument that producing the requested documents would violate constitutional protections, including the right against self-incrimination.
The court rejected that claim, noting that the writ was issued in connection with an ongoing criminal investigation and drawing parallels to the Supreme Court’s decision in H. Varney G. Sherman and Sherman & Sherman, Inc. v. Republic of Liberia. In that case, the high court upheld the issuance of subpoenas for records held by third parties during a corruption investigation.
Judge Willie reasoned that Mr. Gbamie, as manager of the Clar Hope Foundation, functions as a “third party” or custodian of records and is not the principal subject of the investigation. According to the court, the investigation centers on allegations that former First Lady Clar Weah used her office to obtain government resources through the Ministry of Finance, constructed the foundation and converted it to private use.
“Consequently, Mr. Gbamie cannot claim violation of his constitutional rights to producing evidence against himself, when he is not the one being investigated,” the judge ruled.
The court further stated that while constitutional rights are fundamental, they are not absolute and may, under certain circumstances, be subordinated to the broader interests of the state, particularly in criminal investigations. Citing Associate Justice Philip A.Z. Banks III in the Sherman opinion, Judge Willie emphasized that both the Constitution and statutory laws recognize limits on rights where necessary for the protection and survival of the state.
The judge also noted that the foundation had been informed as early as Jan. 20, 2026, of the request to produce the documents, indicating that management had ample time to prepare for compliance.
AREPT Investigation
AREPT is investigating alleged financial improprieties and possible misuse of public resources connected to the construction of the Clar Hope Foundation. Prosecutors argued in court that the documents sought are critical to establishing the source of funds and determining whether public assets were improperly diverted.
Defense lawyers for the foundation contended that the subpoena was overly broad and infringed on constitutional guarantees. The court, however, maintained that the materials requested are necessary for the proper administration of justice.
No criminal charges have been announced against the former First Lady in connection with the matter.
Clar Hope Foundation Responds
In a statement issued shortly after the ruling, the Clar Hope Foundation acknowledged the court’s decision but said it respectfully disagrees and will appeal to the Supreme Court of Liberia.
“Let us be clear: this appeal is not about hiding anything,” the foundation said. “It is about ensuring that the Constitution of Liberia is respected and that government power is exercised properly and fairly.”
The foundation said it has instructed its lawyers to file an appeal, arguing that the case raises significant constitutional questions that warrant review by the high court.
It emphasized that the Clar Hope Foundation was established to serve vulnerable communities and contribute to national development, noting that many public figures, including current and former First Ladies around the world, operate charitable foundations.
“The mere existence of such a foundation should not automatically create suspicion or a presumption of misuse of public funds,” the statement said. “Service to country must not be mistaken for wrongdoing.”
The foundation added that it remains committed to the rule of law and stands ready to comply with any lawful process carried out in full accordance with the Constitution.
“We remain confident that the judicial system will carefully consider the constitutional issues raised,” the statement said, pledging to continue its humanitarian mission “with integrity”.
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