Monrovia – Former Liberian Solicitor General Tiawan Saye Gongloe has issued a sweeping legal opinion cautioning prosecutors against weak and politically motivated indictments, arguing that the success or failure of anti-corruption prosecutions in Liberia begins with the quality of the indictment itself.
By Gerald C. Koinyeneh, [email protected]
In a detailed presentation titled “What Constitutes a Good Indictment Under Liberian Law? With Special Reference to Anti-Corruption Prosecutions,” Gongloe stressed that corruption cases can only succeed when prosecutors rely on clear legal drafting, strong documentary evidence, and professional investigative coordination.
Gongloe, who served nearly four years as Solicitor General during the administration of former President Ellen Johnson Sirleaf, described the indictment as “the foundation of the prosecution,” warning that even strong investigations can collapse if indictments are poorly prepared.
“A weak indictment may undermine an otherwise strong investigation and prosecution, while a professionally drafted indictment promotes fairness, due process, judicial efficiency, and public confidence in the administration of justice,” he declared.
The veteran human rights lawyer and President Emeritus of the Liberia National Bar Association emphasized that indictments are legal instruments—not political tools.
“An indictment is not a newspaper article. It is not a political speech. It is not a campaign statement. It is not a social media post,” Gongloe stated. “The courtroom is not a political battlefield. It is a constitutional forum governed by evidence, procedure, and law.”
Drawing heavily from Liberia’s Criminal Procedure Law, Gongloe explained that a proper indictment must be “plain, concise and definite,” containing clear facts about the alleged offense, the conduct involved, the statute violated, and sufficient notice for the accused to prepare a defense.
He argued that many prosecutors mistakenly equate lengthy indictments with stronger cases.
“A good indictment says enough, but not too much,” he noted. “The best indictments are precise, disciplined, and legally surgical.”
Focusing specifically on anti-corruption prosecutions, Gongloe described corruption cases as among the most difficult criminal matters to prosecute because they are often concealed through documents, financial transactions, administrative procedures, and complex conspiracies.
According to him, successful anti-corruption cases must be “document-driven, transaction-driven, evidence-driven, and law-driven,” rather than dependent on “slogans” or speculation.
He outlined the type of evidence prosecutors must prioritize, including payment vouchers, checks, bank records, procurement documents, contracts, invoices, audit reports, payroll records, tax records, communications, and official correspondence.
“In many corruption cases, documents do not lie, but people sometimes do,” Gongloe remarked, while stressing the importance of following the money trail to establish unlawful enrichment, hidden accounts, shell companies, or diversion of public funds.
Gongloe’s statement comes in the wake of the landmark corruption trial involving several high-profile officials of the Weah-Taylor administration, including former Finance and Development Planning Minister Samuel Tweah, former National Security Advisor Jefferson Karmoh, and former Solicitor General Cllr. Nyenati Tuan. While Tweah was acquitted by the jury of Criminal Court “C”, Karmoh and Cllr. Tuan were found guilty.
The former Solicitor General also warned prosecutors against relying excessively on public opinion, media pressure, or political hostility when pursuing corruption cases.
“Weak politically motivated prosecutions damage the credibility of the prosecution, public confidence, and the anti-corruption struggle itself,” he warned. “Weak prosecutions sometimes strengthen corruption by turning the accused into political martyrs.”
Gongloe further urged prosecutors to distinguish between criminal conduct and administrative mistakes, arguing that not every poor decision by a public official amounts to corruption.
“The prosecution must prove intentional diversion, fraudulent concealment, unlawful enrichment, bribery, conspiracy, or deliberate abuse of office,” he said.
He also highlighted the importance of early cooperation between investigators and prosecutors, criticizing the common practice of involving prosecutors only after investigations are concluded.
According to Gongloe, poor coordination between investigators and prosecutors often leads to failed prosecutions, improperly preserved evidence, weak witness preparation, and defective indictments.
Referencing his work in 2011 with the Open Society Justice Initiative, the Liberia National Bar Association former president recalled helping to develop a Memorandum of Understanding between the Liberia National Police and the Ministry of Justice of Liberia aimed at improving coordination in criminal investigations and prosecutions.
He called for renewed adherence to that agreement, especially in complex anti-corruption matters.
“The fight against corruption cannot succeed through institutional confusion or professional rivalry,” Gongloe asserted. “It requires coordination, professionalism, discipline, integrity, and respect for due process.”
Ending his presentation with strong advice to state prosecutors, Gongloe urged legal practitioners not to pursue headlines at the expense of justice.
“Never indict first and investigate later,” he cautioned. “The prosecutor’s greatest weapon is not publicity. It is preparation.”
He concluded by reminding prosecutors that history would judge not the intensity of accusations, but whether cases were proven according to law.
“A good indictment promotes justice,” Gongloe said. “A bad indictment defeats justice and promotes impunity.”
