MONROVIA – The Supreme Court of Liberia has denied a petition for a writ of prohibition filed by several former senior government officials, including former Minister of Finance and Development Planning Samuel D. Tweah, seeking to halt criminal proceedings before the Montserrado County Criminal Court “C.” The ruling clears the way for the trial court to resume full jurisdiction over the matter.
In its judgment delivered during the Court’s October Term, A.D. 2025, the Supreme Court held that constitutional immunity under Article 61 of the Liberian Constitution applies exclusively to a sitting president and does not extend to other officials of the executive branch. The Court ruled that claims of immunity by persons not expressly named or lawfully co-opted are illegal and without constitutional basis.
The petitioners in the case included Samuel D. Tweah, former Acting Minister of Justice Counsellor Nyenati Tuan, former Financial Intelligence Agency Director Stanley S. Ford, former FIA Comptroller D. Moses P. Cooper, and former National Security Advisor Jefferson Karmoh. They had petitioned the Court to prohibit His Honor Roosevelt Willie, assigned Circuit Judge of Criminal Court “C,” from proceeding with the case.
After reviewing the records and hearing arguments from both sides, the Supreme Court rejected the legal foundation of the petition. In its judgment, the Court stated, “That it is the law that when the statute specifies certain persons as beneficiaries, any other person claiming benefits under said statute must be expressly co-opted.” The Court referenced the Act establishing the National Security Council, noting that its membership is clearly defined by law.
Addressing the claim of immunity, the justices ruled unequivocally that, “Article 61 of the Liberian Constitution gives personal immunity to the president of Liberia while serving as president and not any other person serving in the executive branch of government.” The Court further held that any conduct by individuals not named or co-opted under the law, claiming immunity, is illegal.
The Supreme Court also dismissed arguments challenging the legality of ex parte proceedings in the case. Clarifying the law, the justices ruled that, “Both the civil and criminal procedure laws provide that an adverse party may make an ex-parte application to the clerk or the judge and does need notice to the opposing party.” This finding undercut claims that due process had been violated.
Based on these conclusions, the Court denied the petition in its entirety. “WHEREFORE AND IN VIEW OF THE FOREGOING, the petition for the writ of prohibition is denied. The alternative writ issued is quashed, and the peremptory writ prayed for is denied,” the judgment declared.
The Court further ordered that the matter be returned to the trial court. “This matter is hereby remanded to the trial court to resume jurisdiction and proceed with the trial in keeping with the law,” the judgment stated, directing the Clerk of the Supreme Court to issue a mandate to the lower court.
The opinion was signed by Chief Justice Yamie Quiqui Gbeisay, Sr., along with Associate Justices Yussif D. Kaba and Boakai N. Kanneh. The judgment was rendered on December 18, 2025, in Monrovia.
The Court noted that Associate Justice Jamesetta H. Wolokolie recused herself from the hearing due to family ties to one of the parties, while Associate Justice Ceaineh D. Clinton Johnson also recused herself, having previously issued the writ in the matter. With the Supreme Court’s ruling, the criminal proceedings against the former officials are now set to continue before Criminal Court “C.”
