MONROVIA — The prosecution has filed a formal response to the motion seeking the dismissal of charges against former Finance Minister Samuel Tweah and his co-defendants, urging Criminal Court ‘C’ to reject the request.
By Victoria G Wesseh
Judge Roosevelt Willie, who is presiding over the case, has heard legal arguments but reserved his ruling.
In its response, the prosecution argues that the Financial Intelligence Agency (FIA) is not part of the National Security Council (NSC) as defined by the National Security Reform and Intelligence Act of 2011.
The prosecution claims that the FIA’s inclusion in the NSC was illegal and part of a scheme to divert public funds.
The motion to dismiss, filed by the defense, contends that the defendants were acting as agents and advisors to the President and the NSC through the FIA. They also argue that they had discretionary authority over matters related to national security and governance, and that the National Security Reform Law (SRI) of 2011 prevents the disclosure of any information obtained in their capacity as NSC members.
The defendants — Samuel Tweah, Cllr. Nyanti Tuan (former Acting Minister of Justice), Stanley S. Ford (former FIA Director General), D. Moses P. Cooper (former FIA Comptroller), and Jefferson Karmoh (former National Security Advisor) — are accused of economic sabotage, theft, illegal disbursement of public funds, criminal conspiracy, misuse of public money, and criminal facilitation by the Liberia Anti-Corruption Commission (LACC).
The indictment claims that the defendants conspired to transfer US$500,000 and L$1,055,152,540 from the Central Bank of Liberia (CBL) through the FIA’s operational account, violating the Financial Intelligence Agency Act of 2022.
In its response, the prosecution highlights Section 2 of the National Security Reform and Intelligence Act, which lists the agencies recognized under Liberia’s national security framework.
The prosecution notes that the FIA is not included as a statutory law enforcement agency and is not part of the NSC. Additionally, it emphasizes Section 11, which allows the NSC Secretary to maintain independent procurement and accounting systems, and stresses the importance of annual audits by the General Auditing Commission.
The prosecution also argues that, even if the defendants’ actions were prohibited by law, they cannot claim immunity from criminal investigation or prosecution due to their positions within the NSC. The prosecution asserts that the motion to dismiss should be denied.
The defense argues that the indictment violates principles of statutory and executive immunity, criminalizes constitutionally protected acts, and risks exposing sensitive government information.
They maintain that as former members of the NSC, the defendants were following duties outlined by the National Security Council Reform and Intelligence Act of 2011, which protects them from disclosing NSC-related information.
The defense also argues that judicial review of the NSC’s actions could breach national security protocols and should not be subject to court scrutiny. They further assert that the court lacks jurisdiction over the NSC’s operations and that the charges should be dismissed.
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