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Judge Denies Motion to Dismiss Indictment Against Samuel Tweah

Monrovia – Criminal Court “C” Judge Roosevelt Willie has rejected a motion to dismiss the indictment against former Finance Minister Samuel Tweah and other defendants, ruling that the case must proceed to trial. The court’s decision, issued on Friday, February 28, 2025, emphasized that the allegations must be thoroughly examined and the prosecution given the opportunity to present its evidence.

The defense argued that Tweah and his co-defendants were acting under the authority of former President George Weah, who, according to Article 61 of the 1986 Constitution, is immune from legal action for acts performed while in office. The defense maintained that since their actions were carried out on Weah’s instructions, they should also be protected from prosecution.

Judge Willie, however, dismissed this argument, clarifying that Article 61 only extends immunity to the President, not to other government officials. The Liberia Anti-Corruption Commission (LACC), represented by the Ministry of Justice, asserted that the defendants acted beyond the scope of their official duties and cannot claim presidential protection. The court agreed, stating that the law holds public officials accountable for illegal actions, even when carried out under the President’s directives.

The case revolves around allegations that, between September 8 and 21, 2023, over L$1 billion and US$500,000 were unlawfully transferred from the Central Bank of Liberia (CBL) to the Financial Intelligence Agency (FIA) without proper authorization. The prosecution claims there is no documentation from the National Security Council or any other legal authority justifying the transfers approved by Tweah.

Judge Willie further referenced the National Security Reform and Intelligence Act (NSRI) of 2011, which does not exempt officials from legal accountability if they engage in misconduct. The law specifies that FIA personnel acting in good faith are shielded from liability but can still be prosecuted for corruption, gross negligence, or malicious intent.

The court’s decision to move the case forward reflects the government’s broader efforts to tackle financial mismanagement and corruption. The defendants now face a full trial where the prosecution is expected to present evidence detailing how the funds were transferred and whether these actions violated Liberia’s financial laws.

The case is also drawing international attention due to Liberia’s history of mismanagement of donor funds. Since 2004, the Global Fund has disbursed over US$248 million to support health programs in Liberia. A 2020 investigation by the Global Fund’s Office of the Inspector General (OIG) revealed significant irregularities in the Ministry of Health’s use of these funds. The probe identified concerns related to vehicle repairs, advertising procurements, fuel tax payments, and the “mother-to-mother” peer program.

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