Published: January 23, 2026
CAPITOL HILL, Monrovia — Margibi County Sen. Nathaniel F. McGill has accused Criminal Court ‘A’ of overstepping its authority by issuing a subpoena against the Clar Hope Foundation, warning that the move sets a dangerous precedent and could weaken Liberia’s rule of law even as the country pursues corruption cases.
McGill, who chairs the Senate Committee on Education and Public Administration, said the court’s order compelling the foundation to turn over financial and administrative records is “worrisome,” “anti-democratic” and an abuse of judicial power.
The subpoena targets the Clar Hope Foundation, owned by former First Lady Clar M. Weah, and demands records related to the construction and financing of a multipurpose complex in Marshall, Margibi County. McGill said the court appears to be acting “as a party and at the same time the referee,” accusing it of applying double standards.
Details of the subpoena
According to the writ, the foundation’s management, through General Manager Jackson P. Gbamie, his deputies and other officials, must appear before Criminal Court ‘A’ on Friday, Jan. 23, 2026, at 10 a.m., with documents linked to the project.
The subpoena directs service at the foundation’s Marshall Road office and seeks information on funds received from individuals, government institutions and other entities, including donation records and contribution amounts.
Foundation moves to quash
The court action is tied to an investigation by the Assets Recovery and Property Retrieval Task Force (AREPT) into allegations of corruption involving the foundation, including claims that public funds may have been misused.
In response, the Clar Hope Foundation has filed a motion to quash the subpoena, arguing the court lacks jurisdiction because no criminal or civil action is pending against it.
In the motion before Judge Roosevelt Z. Willie, the foundation’s lawyers—acting through Gbamie—asked the court to nullify the Writ of Subpoena Duces Tecum issued at AREPT’s request. The task force is headed by Cllr. Edwin Kla Martin.
The foundation argues that a subpoena is an ancillary process meant to support an existing judicial proceeding and that a court cannot compel document production without a live case before it.
McGill: Anti-graft fight must follow the Constitution
Speaking to journalists Thursday, Jan. 22, from his Capitol Building office, McGill said the approach violates basic legal safeguards and risks returning Liberia to past abuses.
“We have to be careful in this country about how we do things because if we’re not careful, we could go back to the past,” McGill said, invoking the country’s conflict history and warning against celebrating perceived political targeting.
McGill acknowledged that anti-corruption enforcement is legitimate and said the Legislature has appropriated significant funding to integrity and anti-graft institutions, including the Liberia Anti-Corruption Commission, the General Auditing Commission and AREPT.
But he argued that the burden of proof lies with the state—not with an individual or institution being investigated.
“We didn’t give the state money to go and accuse somebody and later demand the accused to appear before the court to prove his or her innocence,” McGill said, adding that the controversy has fueled political polarization.
“File a case,” not a subpoena
McGill said if AREPT believes it has evidence that public funds were used to build the complex, it should file a case and present the evidence in court.
“You should be running to the court instead of calling the foundation to prove that it did not use public money,” he said.
He argued that the court’s posture undermines judicial neutrality, claiming the judge appears to be assisting investigators while the matter remains at the investigative stage.
“That’s why we have problem with the judge,” McGill said, suggesting the alleged conduct could rise to an impeachable offense.
Senate action could follow
McGill cited constitutional protections against compelled self-incrimination and said the Senate is considering summoning the judge for inquiry.
He questioned why the court would entertain a request that could expose donor information tied to the foundation’s fundraising activities, arguing the action reflects a misuse of compulsory process.
“This means something is wrong with the judge and the fellow who went to subpoena the writ,” he said.
McGill said he plans to submit a formal complaint on the matter to the Senate next week, warning that allowing the subpoena to stand could open the door to broader abuses.
Foundation’s legal status defended
McGill also defended the foundation’s legitimacy, arguing there is nothing unlawful about citizens donating to a private foundation and stressing that the Clar Hope Foundation is separate from government.
“The First Lady office is not an official office within the government,” he said, describing it as a courtesy title. He added that a foundation is a corporate entity that can sue and be sued.
McGill urged Judge Willie to reconsider the subpoena, saying the move has been widely interpreted as politically motivated.
“I hope the judge will realize his mistake because he’s one of the judges that lot of people respect in Liberia,” McGill said. “This action amounts to a witch-hunt.”
Discussion about this post