5 Jurors Sequestered -In Tweah, Others’ Trial By: Yassah J. Wright

In the ongoing case involving the former Finance Minister and his co-defendants, five jurors weres Sequestered. It can be recalled that Monday, March 3, 2025, no jurors was selected on the panel, noting that on Wednesday, March 5, 2025, the total number of jurors screen and selected was five by government of Liberia and Samuel D. Tweah Jr, Nytanti Tuan, Ford, Karmoh and Cooper lawyers. The total number of jurors appeared in court for the screening was fifty-four (54) and out of the that, only five was selected by prosecution and defense. The five were vetted and sent in the basement of the Temple of Justice grounds on March 5, 2025. However , the trial was re-scheduled for Friday, March 7, 2025, expectedly  prosecution and defendants lawyers may screen additional ten (10) prospective jurors to equalize the total number of fifteen (15 ) jurors on the panel. Samuel D. Tweah, Cllr. Nyenati Tuan, Stanley S. Ford, Jefferson Karmoh and D. Moses P. Cooper, will stand trial on the multiple charges that include: Theft and Illegal Disbursement and Expenditure of Public Money Section 15.82, Theft of Property, Criminal Conspiracy and Criminal Facilitation. The defendants lawyers said in open court that the money in question the government wants to Prosecute Tweah, Tuan, Ford, Karmoh and Cooper for was spent while they were serving during their time of the past government and that money was spent, when they were acting based upon the National Security Reformed and Intelligence Act of 2011. Tweah, Tuan, Ford, Karmoh and Cooper lawyers argued that based on legal and factual reasons, their clients were all members of the National Security Council (NSC) of Liberia who were responsible for carrying out the functions of the National Security Council of Liberia, chaired by the President of Liberia, consistent with the National Security Council Reform and Intelligence Act of 2011. That as agents and advisors to the President of the Republic and the National Security Council, the Movants exercised discretionary authority in matters critical to national security and governance, and NSRI of 2011 prohibits from disclosure of any information that come to them by virtu of being members of the National Security Council. (See Bryant v RL et al [2007] LRSC 10 (11 May 2007); Porte v Dennis [1947] LRSC 1; 9 LLR 213 (1947) (24 January 1947); On executive privilege and immunity and the principle of executive immunity as established in Nixon v. Fitzgerald, 457 U.S. 731 (1982); Trump V. United States 604 U.S. 593 (2024). That the investigation conducted by the LACC, from which grew the Indictment now subject of this motion and the case currently venue before this Court surround activities and actions of members of the National Security Council of Liberia, which activities, under the laws cited supra in this motion, prohibit the disclosure of information which cannot be subject of judicial review. Prosecution maintains that the defendants surfer waiver and lashes, and therefore, they cannot cure said defects, especially so, when they themselves have taken one step beyond their pleas by invoking their right to jury trial. Hence, motion to dismiss the indictment will not lie, and the entire motion should be denied. The government lawyers further told the Court to deny, dismiss and quash defendants motion to dismiss the Indictment. Chapter 16, subsection 16.7 of the Criminal Procedure Law of Liberia, Captioned “Motion to dismiss raising defenses and objections before trial. They pointed out that the motion to dismiss shall be made before plea is entered, but the court may permit it to be made within a reasonable time thereafter. Prosecution says in keeping with statutory provision referenced above, and for the purpose of determining whether or not, the Movants are entitle to benefit from a motion to dismiss an indictment they have pleaded to? Respondent submits and says that the Statute is nequivocally clear by using the mandatory word “Shall”, meaning, the defendants were under obligation to dave filed their so called motion to dismiss the indictment prior to their pleas.