Judge Z. Roosevelt Willie has denied the Motion to dismiss indictments against Samuel Tweah and others in the ongoing corruption case. Judge Willie said the predicated upon these actions by Samuel D. Tweah, Nyanti Tuan, Stanley S. Ford, D. Moses Cooper, and Jefferson Karmoh, the Liberia Anti-Corruption Commission (LACC), through the Ministry of Justice is alleging that the defendants acted outside of the privilege provided to agents of the President in Article 61 of the 1986 Constitution of Liberia; and therefore, cannot enjoy this privilege for which they must answer and the only place to answer is this Court, Criminal Court “C”. The Judge stated that though Co-Defendant Tweah, then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Co-Defendant Tweh for which he (Defendant Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account. He noted that Tweah, in the discharge of his duties as then Minister of Finance and Development Planning (MFDP), knowing full well that the amounts of L$1,055,152,540.00 and US$500,000.00 were never requested for by the National Joint Security, nor the National Security Council; and which were never authorized, but willingly conspired with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, thus causing the illegal transfer of the amount mentioned supra to the operational accounts (USD & LRD) of the Financial Intelligence Agency (FIA); and which cannot be accounted for.” Judge Willie further said as per this paragraph of the indictment, though defendant Tweah, then Minister of Finance and Development Planning (MFDP) was a member of the National Security Council, the investigation by the Liberian Anti-Corruption Commission (LACC) did not establish any proof or documentary evidence such as instruction or letter of request from the National Joint Security or the FIA or a Joint Security Resolution or from the former President to defendant Tweah, for which he ( Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account. Judge Willie narrated that for the purpose of this ruling, he hereby state Article 61 of the 1986 Constitution of Liberia and it read thus, “The President shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any act done by him while President of Liberia pursuant to any provision of this Constitution or any other laws of the Republic. Accordingly, the President shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act done while President”. The Judge stated that the logic of Tweah , Tuan, Ford, Karmoh and Cooper argument, they averred that since the former President, His Excellency George M. Weah was Chairman of the National Security Reform Intelligence and since he is immune from Prosecution for any acts committed except by removal by the National Legislature of Liberia, and since also the defendants claimed that they were agents of the President and operating under his instruction, they are barred from prosecution and therefore, this Court has no jurisdiction to try them; because doing so would be tantamount prosecuting the President. Notwithstanding their claim, the first paragraph of the indictment as drawn out by the Grand Jury of Montserrado County on September 5, 2024, states that, “between September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL as indicated in counts-7, 8 & 9 of the investigative report, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are L$1,055,152,540.00 and US$500,000.00. Judge Willie indicated that he hasten also to intertwine these Sections of the law as provided in the NSRI Act of 2011, with the Act establishing the Financial Intelligence Agency (FIA), which states in Section 67.8, titled, “Immunity”, “No civil, criminal, or administrative action shall be brought against the Director General, any officer, employee or agent of the FIA acting under the direction of the Director General for anything done in good faith in the administration or lawful discharge of any powers, duties or functions under this chapter. Notwithstanding the Judge pointed out that foregoing, such persons shall not be immune from liability for gross negligence or intentional or malicious crimes, or corruption”. Judge Willie said applying the mathematical principle of universal set and subset, Section 67.8 of the Financial Intelligence Agency Act, is a subset of the universal set of the National Security Reform Intelligence Act, which intimate that, while it is true that the actions of these Institutions are immune to Prosecution, there are caveats; meaning, warnings to the members of these National Security Institutions that any acts or financial transactions undertaken by them, that are not in the interest of the National Security of the Republic, are subject to Prosecution and the Prosecution, meaning the Ministry of Justice that has the statutory responsibility or duty to investigate and prosecute person coming into conflict with the Acts, are the ones who have charged Tweah, Tuan, Ford, Karmoh and Cooper with these crimes and say that they stand ready to prove their case beyond a reasonable doubt. “We therefore wonder, how come, the Defendants are relying on this same Act and saying that they are immune to all actions, especially financial transactions even when there are warnings to members of the both Acts, who undertake financial transactions contrary to the Acts establishing the NSRI and the FIA and, the Prosecution/Respondent say, they are relying on the portions, 7(c) and 11(d) of the NSRI Act of 2011, as well as 67.8 of the FIA Act of 2022, which according to them the Defendants have violated” Judge Willie stressed. He stated that by implication, what these Sections of the both Acts are saying, is that, while it is true that all members of the National Security Reform Intelligence are immune from Prosecution, it is, and only if, when they operate within the ambit of the laws governing the NSRI and the FIA; otherwise, they can be prosecuted.
Judge Willie said second issue is whether or not these Defendants can invoke the privilege covered by the President under Article 61 of the 1986 Constitution of Liberia? The answer to this question is again an emphatic NO!. He noted that another portion of the same NSRI act that lays the basis for the answer to the issue above to be in the negative, is found in section 11, titled, “Financial”, specifically section 11(d), states that, “funds made available to them (members of the NSRI) may be expended for any purpose necessary to carry out its functions, and may be expended without regard to the provisions of paws relating to expenditure of government funds if essential for vital national security interests, unless specifically prohibited by other law. Judge Willie also narrated that section, it says that the members of the NSRI are only exempt from Financial Transactions, if and only if funds provided them are expended for vital national security interests; otherwise, they can be prosecuted according to laws. Are all actions to include financial transactions undertaken by members of the National Security Reform Intelligence (NSRI) exempt from prosecution? He added that the answer to this question is an emphatic No!.
The Judge stated that the very NSRI act relied upon by Tweah, Tuan, Ford, Karmoh and Cooper copy of which is attached to the motion filed, section 7(c) States in part that ” in addition, this provision does not exempt them (members of the NSRI) from legally mandated accountings within the government of Liberia. “The answer is unequivocally cleared in that, there may be instances of impropriety of accounting for funds and actions taken by the members of the NSRI and when this happens, the only reasonable place to prove or disprove such accounting, is the court and as in this case at bar, it is this Court, Criminal Court “C” located in Montserrado County, where the crimes are alleged to have been committed” Judge Willie stated. In view therefore, this case cannot be dismissed for lack of subject matter jurisdiction, based on the facts, circumstances and the laws cited herein above and, the Prosecution must be given the opportunity to prove their case. Judge Willie said the Motion to Dismiss is hereby denied and the case is ordered proceeded forthwith and it is hereby so ordered.