Liberia: Tweah's U.S.$6m 'Corruption' Case in Limbo?

The US$6 million corruption case against former Finance Minister Samuel Tweah is still unresolved. The Supreme Court has not ruled on his alleged criminal immunity. Tweah faces charges with other former members of the National Security Council (NSC) from George Weah's administration.

Three months ago, Justice Ceaineh Clinton-Johnson paused the trial. Many are now questioning when oral arguments for Tweah's petition will occur. Justice Clinton-Johnson referred the matter to the Full Bench due to constitutional concerns.

Critics believe the hearing is being delayed until after Chief Justice Sie-A-Nyene Yuoh retires. Initial momentum and accusations about a US$6 million transfer have faded into silence. Liberians are asking what happened to the government's evidence against Tweah and others.

What is the status of the LACC's indictment? Has Tweah been cleared, or is there no evidence? The allegations involve a US$6 million payment to questionable accounts at the Financial Intelligence Agency (FIA).

Tweah is not alone in facing trial. He is joined by Cllr. Nyanti Tuan, Stanley S. Ford, D. Moses P. Cooper, and Jefferson Karmoh. All served on the NSC under Weah and face serious charges including Economic Sabotage and Money Laundering.

The funds were allegedly moved from the National Security Agency's account to FIA accounts at the Central Bank of Liberia (CBL). The defendants appealed to the Supreme Court after a lower court denied their claim of immunity based on national security legislation.

The prosecution argues that they acted outside their privileges and must answer for their actions in court. They presented evidence showing financial transactions involving misuse of public funds.

Judge Roosevelt Willie ruled that the case should proceed without dismissal. The prosecution claims defendants illegally transferred funds into FIA operational accounts that cannot be accounted for.

Between September 8th and 21st, 2023, CBL transferred L$1,055,152,540 (about US$5.6 million) into FIA accounts upon Tweah’s instruction. On September 22, 2023, CBL transferred US$500,000 into an FIA account based on his orders.

D. Moses P. Cooper withdrew this amount from CBL that same day. Investigators found no authorization from relevant authorities for these transfers.

Based on available evidence, neither amount was requested or authorized properly. Tweah allegedly conspired with Cllr. Nyanti Tuan to facilitate these illegal transfers for withdrawal.

The defense did not dispute transferring funds but claimed it was lawful under national security laws. They argued they acted within their roles as NSC members responsible for national security functions.

They cited sections of the National Security Reform and Intelligence Act of 2011 as justification for their actions regarding fund usage for national security purposes.

According to section 3(f), NSC members must keep state secrets confidential while performing their duties. The defense argued prosecuting them would violate this oath and expose them to penalties under law.

However, prosecutors maintained that defendants acted beyond their privileges outlined in Article 61 of Liberia’s Constitution and should face trial in Criminal Court 'C'.

Judge Willie agreed with prosecutors' arguments stating that dismissal was not warranted based on jurisdictional grounds or facts presented in court proceedings.

He ordered that proceedings continue without delay despite three months passing since initial hearings began.