TEMPLE OF JUSTICE, MONROVIA – Criminal Court ‘C’ Judge Roosevelt Z. Willie has denied a motion to dismiss the high-profile corruption case involving former Finance Minister Samuel D. Tweah and four other co-defendants. The court ruled that the case must proceed, rejecting the defense’s argument that the court lacks jurisdiction.
In his ruling, Judge Willie emphasized that the Liberia Anti-Corruption Commission (LACC), through the Ministry of Justice, alleges that the defendants acted outside the privileges afforded to agents of the President under Article 61 of the 1986 Constitution. As a result, they cannot claim immunity and must stand trial.
Court Rejects National Security Immunity Argument
One of the key arguments raised by the defense was that the defendants, as members of the National Security Reform Intelligence (NSRI), were immune from prosecution for financial transactions. However, Judge Willie dismissed this claim, stating that the NSRI Act itself contains provisions requiring financial accountability.
Citing Section 7(c) of the NSRI Act, the judge pointed out that the law explicitly states, “This provision does not exempt [NSRI members] from legally mandated accountings within the Government of Liberia.” He further clarified that while NSRI members may handle classified funds, any financial transactions outside of vital national security interests are subject to legal scrutiny.
Judge Willie also referenced Section 11(d) of the NSRI Act, which states that funds allocated to the NSRI may only be exempt from financial regulations if used strictly for national security purposes. He noted that the Financial Intelligence Agency (FIA) Act of 2022 provides additional legal boundaries, stating that officials cannot claim immunity in cases of gross negligence, corruption, or intentional wrongdoing.
“We therefore wonder, how come the Defendants/Movants are relying on this same Act and saying that they are immune to all actions—especially financial transactions—even when there are warnings in both Acts [NSRI and FIA] against such conduct?” Judge Willie questioned.
Presidential Immunity Claim Rejected
The court also rejected the defense’s attempt to invoke presidential immunity under Article 61 of the Constitution. The defendants argued that since former President George M. Weah chaired the NSRI and they acted under his directives, they should be immune from prosecution.
However, Judge Willie ruled that Article 61 only grants immunity to the President during his tenure and does not extend blanket protection to officials acting under his authority. He added that even the President is subject to prosecution upon leaving office if he is accused of criminal acts.
“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,” Judge Willie quoted from the Constitution.
Alleged Illegal Transfer of Funds
According to the indictment, between September 8 and 21, 2023, former Finance Minister Tweah allegedly authorized the transfer of L$1,055,152,540 and US$500,000 to the operational accounts of the FIA without proper authorization. The prosecution contends that the transfers were not requested by the National Security Council, the National Joint Security, or the FIA itself.
The indictment further alleges that Tweah conspired with then-Acting Justice Minister Nyenati Tuan to facilitate the transfer, which remains unaccounted for.
Trial to Proceed Pending Possible Appeal
With the motion to dismiss denied, the prosecution is set to present its case. However, the defense has excepted to the ruling, signaling a possible appeal to the Supreme Court. If no appeal is filed, jury selection is scheduled to begin on Monday, March 3, 2025.
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