Published: December 19, 2025
MONROVIA — The Supreme Court of Liberia has rejected immunity claims by former Finance Minister Samuel D. Tweah and several ex-officials of the Weah administration, ruling that neither national security laws nor executive authority shield them from prosecution over alleged financial misconduct.
In a judgment delivered by the court’s majority bench on Dec. 18, 2025, the justices denied a petition for a writ of prohibition filed by Tweah, former Acting Justice Minister Cllr. Nyanti Tuan, former National Security Adviser Jefferson Karmoh and others, holding that their claims of immunity were unsupported by law.
The court ruled that only the sitting president enjoys personal immunity under Article 61 of the Constitution, and that such protection does not extend to cabinet ministers, advisers or other executive officials.
Supreme Court’s ruling
After reviewing the records and hearing arguments from both sides, the Supreme Court held that statutes governing the National Security Council clearly identify who qualifies for protection and under what circumstances.
“When a statute specifies certain persons as beneficiaries, any other person claiming benefits under said statute must be expressly co-opted,” the court ruled, noting that the act establishing the National Security Council names its members and provides for succession only in limited circumstances.
The justices further held that Article 61 grants immunity solely to the president while in office and “not to any other person serving in the executive branch of government.” The court also clarified that both civil and criminal procedure laws permit adverse parties to make ex parte applications without notice.
Accordingly, the Supreme Court denied the petition for prohibition, quashed the alternative writ and ordered the case remanded to the trial court to resume proceedings in keeping with the law. Costs were disallowed.
Associate Justice Jamesetta Howard Wolokolie recused herself, citing family ties to one of the parties, while Justice Ceaineh D. Clinton Johnson also recused herself, having earlier issued the writ in the matter.
Arguments before the court
During oral arguments, defense lawyers led by Cllr. Arthur T. Johnson contended that prosecuting Tweah and the other defendants would amount to prosecuting former President George M. Weah, who chaired the National Security Council.
“If such a door is opened by prosecuting agents of the National Security Council, it will give way to other successive governments,” Johnson told the court, arguing that expenditures tied to national security are inherently classified and should not be subjected to public scrutiny.
Johnson cited Articles 50 and 61 of the Constitution, as well as provisions of the National Security Agency Act, asserting that explaining how national security funds were spent would expose sensitive and clandestine information.
Former Supreme Court Justice M. Wilkins Wright, also appearing for the defense, argued that accountability for national security spending lies with the General Auditing Commission and can only proceed upon presidential authorization, not through investigations by the Liberia Anti-Corruption Commission.
Prosecution’s response
The prosecution, led by Montserrado County Attorney Cllr. Richard J. Scott Jr. and the Solicitor General’s office, rejected the immunity argument, drawing parallels to the Brownie Samukai case, in which the Supreme Court ruled that subordinates are not obligated to carry out illegal orders from superiors.
Prosecutors argued that the funds in question were not used for national security purposes, but instead passed through the Financial Intelligence Agency’s accounts and were allegedly disbursed among the accused.
“This case has nothing to do with national security,” the prosecution told the court, urging the justices to deny the petition and allow the trial to proceed.
Background of the case
The case centers on allegations that Tweah, along with Tuan, Karmoh, former FIA Director Stanley S. Ford and former FIA Controller D. Moses P. Cooper, authorized the transfer of more than L$1.05 billion and US$500,000 from the Central Bank of Liberia to FIA operational accounts. Prosecutors allege the funds remain unaccounted for.
Criminal Court ‘C’ Judge Roosevelt Z. Willie previously denied a motion to dismiss filed by the defense, ruling that national security provisions do not grant blanket immunity from financial accountability. He held that Article 61 applies only to the president and not to appointed officials.
The Supreme Court had earlier placed a stay on proceedings pending its review. With the denial of the writ of prohibition, the trial court is now cleared to resume jurisdiction and proceed with the case.
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