The Resident Circuit Judge of Criminal Court ‘A’ Roosevelt Z. Willie has denied a motion to quash a Writ of Subpoena Duces Tecum issued against the Clar Hope Foundation, ordering its management to comply.
In a ruling delivered Tuesday, Judge Willie rejected arguments by the Foundation’s General Manager, Mr. Jackson Paye Gbamie, that complying with the subpoena would violate constitutional protections against self-incrimination under Article 21(h) of the 1986 Constitution.
The subpoena was sought by the Asset Recovery and Property Retrieval Taskforce (AREPT), acting in association with the Ministry of Justice, as part of an investigation into allegations that government resources were used to construct the Clar Hope Foundation and later converted to private use.
Jurisdiction and Legal Basis
Judge Willie held that the court had proper jurisdiction to issue the writ under Section 5.2 of Liberia’s Criminal Procedure Law, which allows prosecution in either county where elements of an alleged offense occurred.
He further noted that the Foundation’s principal address is listed in Paynesville City, Montserrado County, placing it within the territorial reach of the First Judicial Circuit.
On the question of subject-matter jurisdiction, the court reaffirmed its authority, stating that the Anti-Money Laundering and Financial Act of 2012 empowers the Ministry of Justice to investigate financial crimes and that AREPT, working in association with the Ministry, was legally authorized to petition for the writ.
Self-Incrimination Argument Rejected
Central to the dispute was whether compelling the Clar Hope Foundation to produce documents would violate constitutional protections against self-incrimination.
Counsel for the Foundation argued that, unlike in the landmark case of H. Varney G. Sherman and Sherman & Sherman, Inc. vs. The Republic of Liberia, where commercial banks were deemed third parties, the Foundation itself was directly under investigation and could not be forced to produce potentially incriminating records.
The prosecution countered that the individual under criminal investigation is former First Lady Clar Weah, not Mr. Gbamie or the Foundation’s management, and that the Foundation is a third party in possession of relevant records.
In his ruling, Judge Willie agreed with the prosecution’s position, drawing parallels with the Sherman case, in which banks were ordered to produce records linked to alleged bribery funds.
“Mr. Jackson Paye Gbamie is a ‘Third Party’; since he is not the one under investigation; rather, it is the Former First Lady, Madam Clar Weah who is alleged to have converted the assets being managed by Mr. Jackson Paye Gbamie,” Judge Willie ruled.
The court emphasized that constitutional rights, while fundamental, are not absolute.
Quoting from the Supreme Court’s reasoning in the Sherman decision, Judge Willie noted:
“Both the Constitution and the statutory laws of Liberia have laid conditions in which, for the protection and survival of the State and the people as a whole, those rights may be subordinated to those of the State and the people.”
He concluded that the claim of self-incrimination was inapplicable in this case: “You cannot use the issue of ‘self-incrimination’… to bar investigators from investigating the sources of funds used to construct the Clar Hope Foundation, when according to AREPT that foundation should be for the benefit of the Liberian State and its people and not Madam Clar Weah.”
One-Week Deadline
The court denied the Motion to Quash and ordered the Clar Hope Foundation, through its General Manager, to produce the requested documents within one week-between Tuesday, February 24, 2026, and Monday, March 2, 2026, by 4:00 p.m.
Judge Willie noted that the Foundation had previously been informed on January 20, 2026, to prepare the documents.
“Consequently, Mr. Gbamie cannot claim violation of his Constitutional rights to producing evidence against himself, when he is not the one being investigated,” the judge stated.
Appeal to the Supreme Court
Counsel for the Foundation immediately excepted to the ruling and announced an appeal to the Supreme Court of Liberia for review during its March Term 2026.
Judge Willie acknowledged and granted the appeal, noting that it was constitutional in nature and ordering that “matters [be] suspended” pending further proceedings.
The case now moves to the nation’s highest court, where the balance between investigative authority and constitutional protections is expected to be further tested in a matter with significant political and legal implications.
