Monrovia, Liberia – Lawyers representing former high-ranking Liberian government officials have filed a motion to dismiss the criminal charges against their clients, citing national security immunity and executive privilege. The motion, submitted to Judge Roosevelt Z. Willie of the First Judicial Circuit Court, Criminal Assizes “C,” seeks to nullify the indictment in the ongoing trial concerning alleged mismanagement of public funds.
The defendants include Samuel D. Tweh, former Minister of Finance and Development Planning; Cllr. Nyenati Tuan, former Acting Minister of Justice; Stanley S. Ford, former Director of the Financial Intelligence Unit (FIU); D. Moses P. Cooper, former FIU Comptroller; and Jefferson Karmon, former National Security Adviser to ex-President George Weah. They stand accused of economic sabotage, theft, and illegal disbursement of public funds.
The case stems from an investigation by the Liberia Anti-Corruption Commission (LACC) following a report by FrontPage Africa alleging that the Financial Intelligence Agency (FIA) received $500,000 for IT equipment that was never purchased, with the funds unaccounted for. The LACC’s findings led to the indictment, but the defense argues that the charges are constitutionally flawed.
In a nine-count motion, the defense contends that their clients, as members of Liberia’s National Security Council (NSC), are immune from prosecution under national security laws. They cite the National Security Council Reform and Intelligence Act of 2011, which prohibits the disclosure of information related to national security matters. The motion further argues that judicial scrutiny of their actions could compromise classified intelligence and breach principles of executive immunity, referencing international legal precedents, including the U.S. Supreme Court case Nixon v. Fitzgerald.
“The indictment improperly seeks to criminalize actions that were within the scope of our duties and responsibilities as members of the National Security Council,” the motion states. “This court cannot review or ascertain our actions without violating national security interests.”
The prosecution did not immediately oppose the motion but requested time to review it, as it was served just minutes before the scheduled trial proceedings. Judge Willie emphasized the importance of procedural compliance, noting that legal practice in Liberia requires parties to receive motions at least 24 hours in advance. He ruled that the hearing on the motion would be postponed to Wednesday, February 28, 2025.
