The court’s decision is eagerly awaited, as it will determine whether the case against Tweah and his co-defendants will proceed.
Monrovia – Judge Roosevelt Willie is expected to rule today on whether Criminal Court “C” has the authority to prosecute former Finance Minister Samuel Tweah and other members of the National Security Council (NSC), who are accused of misapplying funds allocated for national security purposes.
By Victoria G. Wesseh
The ruling follows Tweah’s argument for the dismissal of the indictment, asserting that, as members of the NSC, they are immune from prosecution for actions taken in the course of their official duties.
Tweah, alongside Cllr. Nyanti Tuan (former Acting Minister of Justice), Stanley S. Ford (former Director General of Financial Intelligence), D. Moses P. Cooper (former Financial Intelligence Comptroller), and Jefferson Karmoh (former National Security Advisor to President George Weah), is indicted by the Liberia Anti-Corruption Commission (LACC) on charges of economic sabotage, theft, illegal disbursement and expenditure of public funds, criminal conspiracy, misuse of public money, and criminal facilitation.
The indictment alleges that the defendants violated the Financial Intelligence Agency Act of 2022 by conspiring to transfer US$500,000 and L$1,055,152,540 from the Central Bank of Liberia through the operational account of the Financial Intelligence Unit (FIU).
The prosecution argues that the NSC’s operations, which include financial transactions, fall under the purview of national security laws. They refer to the National Security Reform and Intelligence Act of 2011, which outlines the authority of security institutions, including the NSC, and the need for independent procurement and accounting systems.
They further argue that the NSC’s accounts should be audited annually by the General Auditing Commission, and that the law mandates legislative regulation of the functions and divisions of national security agencies.
The prosecution maintains that, even assuming the NSC’s actions were carried out under the scope of national security, this does not grant immunity from criminal investigation or prosecution if illegal acts were committed. They also argue that the defendants cannot claim immunity or secrecy protections in relation to their actions.
In response, the defense contends that the indictment violates statutory and executive immunity principles, arguing that members of the NSC, as agents and advisors to the President, cannot be compelled to disclose information about national security operations.
They argue that judicial review of NSC actions could breach national security protocols and that the court lacks jurisdiction over the NSC’s operations. The defense maintains that the charges should be dismissed, as the defendants were performing duties under the National Security Reform and Intelligence Act of 2011, which safeguards national security interests.
Judge Willie reserved his ruling after hearing legal arguments from both the defense and the prosecution. The court’s decision is eagerly awaited, as it will determine whether the case against Tweah and his co-defendants will proceed.
