Liberia: Samuel Tweah, Co-Defendants Seek Dismissal of Corruption Case, Citing National Security Concerns and Lack of Evidence  

Monrovia – Former Finance Minister Samuel Tweah and his co-defendants are seeking to have the corruption case against them dismissed, arguing that the charges are politically motivated and lack sufficient evidence.

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By Willie Tokpah

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The motion to dismiss, filed on Monday, February 24, comes ahead of the scheduled jury selection for the case. The defendants, including former Acting Minister of Justice Cllr. Nyanti Tuan, former FIA Director-General Stanley S. Ford, former FIA Comptroller D. Moses P. Cooper, and former National Security Advisor Jefferson Karmon, face allegations of financial misconduct involving the Financial Intelligence Agency (FIA). 

The charges stem from claims that over one billion Liberian dollars and half a million U.S. dollars were transferred from the Central Bank of Liberia (CBL) to FIA’s operational accounts without proper documentation or oversight.

However, the defendants strongly deny the accusations, asserting that the transfers were legitimate and authorized for national security purposes.

In the motion, the defense team argued that the case involves sensitive national security matters, which should fall under the jurisdiction of the National Security Agency (NSA), rather than the Criminal Court “C”. 

The defense maintains that national security concerns are outside the scope of judicial review.

The defense team maintained that its argument is supported by the National Security Reform and Intelligence Act of 2011, which establishes the National Security Council (NSC) as the highest advisory body on national security matters. The defendants contend that as members of the NSC, they are immune from disclosing sensitive information related to national security, and that the investigation into the financial transfers was politically motivated and inadequately handled.

Concerns Over Lack of Evidence and Documentation

The defense also emphasized that the prosecution has failed to provide clear evidence supporting the allegations of financial misconduct. 

They argue that no formal requests or directives were made for the transfers, and that there is no evidence showing the funds were misused. Investigations have not proven that Minister Tweah personally authorized the disputed transactions, and the lack of documentation and traceable records casts doubt on the legitimacy of the case.

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…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 virtue of being members of the National Security Council.

Movant’s Motion to Dismiss

Despite claims that Cllr. Nyanti Tuan received the funds, the prosecution has yet to provide clear evidence of how the funds were spent or distributed, further questioning the credibility of the case.

Political Motivations Behind the Charges

The defendants argue that the charges are politically motivated, alleging that the investigation and legal actions are part of an effort to discredit and tarnish the reputations of key figures from the previous administration. 

The legal team claims that the government is using the case to settle political scores rather than address legitimate financial crimes.

Citing legal precedents, including Nixon v. Fitzgerald and Bryant v. R.L., the defense asserts that national security matters should not be subject to judicial review and that the judiciary should not be involved in such cases governed by national security laws.

Awaiting Court’s Ruling

The defense team is now awaiting a ruling from Criminal Court “C” Judge Roosevelt Z. Willie on whether the case will be dismissed. The court has already ordered the Ministry of Finance, the Central Bank of Liberia, and the Financial Intelligence Agency to provide key financial documents related to the transactions in question. However, the government has yet to produce these documents, casting further doubt on the validity of the case.

As the motion to dismiss is reviewed, all eyes are on Judge Willie’s upcoming decision. If the case is dismissed, it could send a strong message regarding the handling of national security matters and the need for transparency in high-profile cases.