In the case involving Samuel D. Tweah, former Minister of Finance and Development Planning, Cllr. Nyenati Tuan, former Acting Minister of Justice and Attorney General and at the same time, former Solicitor General, Stanley S. Ford, former Director of Financial Intelligence Agency, Jefferson Karmoh, former National Security Advisor to the former President George M. Weah, and D. Moses P. Cooper, former Comptroller, Financial Intelligence Agency of the Republic of Liberia by and through their counselors move the court to dismiss the indictment filed against them in its entirety with prejudice. The defendants lawyers said in open court that the money in question the government want to Prosecute Tweah, Tuan, Ford, Karmoh and Cooper for was spent while they was serving during their time of the past government and that money was spent, 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. Β They said on February 27, 2024, Front Page Africa published a story alleging that the Financial Intelligence Agency (FIA) of Liberia received the sum of Five Hundred Thousand United States Dollars (US$500,000) from the Ministry of Finance and Development Planning (MFDP) Republic of Liberia for the purchase of IT Equipment for FIA, but the purchase was never made and the funds were not accounted for. Predicated upon the Newspaper publication. The Liberian Anti-Corruption Commission (LACC) launched an investigation into the circumstances surrounding the disbursement by MFDP and withdrawal of the Five Hundred Thousand United States dollars (US$500,000) from CBL. That LACC’s investigation concludes that at some point in 2023, the total amount of Five Hundred Thousand United States Dollars (US$500,000) and One Billion, Fifty-five Millions Liberian Dollars was withdrawn from the Central Bank of Liberia, through the operational account of the Financial Intelligence Unit, and
applied towards National Security purposes by the National Security Council of Liberia. That Predicated upon the investigation conducted by the LACC, on September 5, 2024, A Grand Jury of Montserrado County sitting in its August Term, A.D. 2024 brought down a true bill indicting the five Defendants on all counts of the five charges against them. Β Upon the reading of the Grand Jury Report, the Presiding Judge of Criminal Court “A”, His Honor J. Kennedy Peabody, ordered the case and the case file forwarded to Criminal Court “C”, which was presumed to have trial jurisdiction over the subject matter. Β An Indictment Writ Of Arrest was then issued by Criminal Court “C” against all the five Defendants on August 6, 2024. That the National Security Council of Liberia was created by an Act of Legislature in 2011 for the purpose of protecting the national security interest of the Country. Specifically, Liberia’s National Security Council (NSC) is the highest advisory and decisional body on national security matters. Β “It is responsible for formulating policies, coordinating security agencies, and ensuring the protection of the state, and directing national security actions” the defendants lawyers narrated. 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. Tweah and the others lawyers to the court that they cannot be compelled by any court to divulge information relating to
their functions as members of the National Security Council. That the indictment, which charges the Tweah , Tuan, Ford, Karmoh and Cooper with economic sabotage, theft, and related offenses, is legally deficient, constitutionally infirm, and violative of well-established statutory and executive immunity principles. they argued that the indictment improperly seeks to criminalize constitutional, national security, statutory, and discretionary acts performed by officials while in the discharge of their official responsibilities to further national security interest of the Republic.
And as that, any such judicial process, as now being contemplated by this Indictment, to review or ascertain the actions or activities of members of the National Security Council potentially risk exposing or disclosing classified and confidential government communications and intelligence. Adding that such disclosure would be a direct contravention of the National Security Council Act. In consequence therefore, Tweah , Tuan, Ford, Karmoh and Cooper respectfully pray that the Honorable Court grant this Motion and dismiss the indictment with prejudice. That under the National Security Reformed and Intelligence Act of 2011 as found in Section 3 f, which provides that “Every member, personnel or employee of the National Security Council shall be deemed a trustee of the secrets of the Republic and when entering upon the duties of the council shall be, in case of members, sworn by the chair and in case of the personnel and employees, by the secretary, not to divulge any information which has come to his or knowledge by reason of such membership or employment with the council except as required in the course of duty. Any violation of this oath shall subject the offender(s) to a fine of One Hundred Thousand Liberian Dollars or up to ten years imprisonment or both. The oath shall be binding and enforceable on every member, personnel or employee of the council for a period of twenty years after severance of his or her relationship with the council. That in strict compliance with the provision of the enabling aforementioned statutes, Tweah, Tuan, Ford, Karmoh, and Cooper, who are former members of the National Security council or personnel acting under direct instruction from authorized members of the National Security Council, cannot, under any circumstances, be compelled to divulge information about the operations of the National Security Council. Accordingly, this Honorable Court cannot exercise subject matter jurisdiction over the statutory operation of the National Security Council pursuant to Chapter 11.2 sub-section A, B, C of of the Civil Procedure Law of the Liberian Code of Laws Revised same being incorporated into Criminal Procedure Law, which provides that Motion to Dismiss will be granted as a matter of law where the court lacks trial jurisdiction over the subject matter, the person or the thing in litigation. However, Judge Roosevelt Z. Wille, presiding over the case, will rule into the motion to dismiss by Tweah, Tuan, Ford, Karmoh and Cooper lawyers today, Wednesday, February 23, 2025.
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