MONROVIA – Criminal Court “C” has refused a request to dismiss the indictment against former Finance Minister Samuel Tweah and others, allowing the case to proceed. Judge Roosevelt Willie ruled that the defense’s motion lacked legal grounds and emphasized that the prosecution must be given the opportunity to present evidence.
The defense had argued that Tweah and his co-defendants were shielded from prosecution because their actions were carried out under former President George Weah’s authority. Citing Article 61 of the 1986 Constitution, which grants immunity to the President for actions taken while in office, the defense claimed that prosecuting the defendants would amount to holding Weah accountable.
However, the judge rejected this argument, clarifying that the constitutional protection applies solely to the President and does not extend to government officials acting on his behalf. He further noted that laws governing the National Security Reform and Intelligence (NSRI) Act and the Financial Intelligence Agency (FIA) do not exempt public officials from prosecution if their actions are deemed illegal or outside the scope of their official duties.
The indictment, issued by the Grand Jury of Montserrado County on September 5, 2024, accuses Tweah and his co-defendants of authorizing unauthorized financial transfers. According to the prosecution, between September 8 and 21, 2023, over L$1 billion and US$500,000 were moved from the Central Bank of Liberia (CBL) to the FIA’s operational accounts without proper approval. Prosecutors argue that no legal request from the National Security Council or other authorized bodies supported these transfers.
The Liberia Anti-Corruption Commission (LACC) and the Ministry of Justice assert that the defendants exceeded their legal authority and cannot claim protection under the law. Judge Willie supported this position, pointing to legal provisions that hold government officials accountable for actions involving gross negligence, corruption, or intentional wrongdoing.
The case has attracted attention due to Liberia’s ongoing struggle with public sector transparency and financial accountability. International organizations, including the Global Fund, have raised concerns about Liberia’s handling of donor resources. Since 2004, the Global Fund has provided over US$248 million to Liberia. An investigation launched in 2020 by the Global Fund’s Office of the Inspector General (OIG) uncovered financial irregularities linked to the Ministry of Health. These irregularities included questionable expenses related to vehicle repairs, advertising services, and the misuse of funds intended for public health programs.
Judge Willie’s ruling paves the way for a full trial where the prosecution will seek to prove that Tweah and his co-defendants violated financial regulations.
