Monrovia, Liberia – The presiding judge of Criminal Assizes ‘C’, Roosevelt Z. Willie, has set Friday, February 28, 2025, as the date for his final ruling on a motion to dismiss filed by defense attorneys representing former high-ranking government officials accused of corruption.
The case stems from allegations of misappropriation of public funds, theft of property, criminal facilitation, criminal conspiracy, and economic sabotage.
These charges followed an investigation by the Liberia Anti-Corruption Commission (LACC) into the handling of public resources by the accused officials.
Among those indicted are Samuel Tweh, former Minister of Finance and Development Planning; Nyenati Tuan, former Acting Minister of Justice; Stanley S. Fond, former Director-General of the Financial Intelligence Unit; D. Moses Roses P. Cooper, former Controller of the Financial Intelligence Unit; and Jefferson Karmon, former National Security Adviser to ex-President George M. Weah.
Defense attorneys filed the motion to dismiss on Monday, February 24, 2025, arguing that their clients, as members of the National Security Council, were protected under the National Security Council Act of 2011 and therefore could not be held accountable for actions related to their official duties. They further asserted that the law bars them from discussing security matters for up to 20 years.
The prosecution, however, filed a response opposing the motion, urging the court to reject the request on legal grounds. Prosecutors contended that the motion was invalid because the defendants had already entered their pleas, thereby forfeiting their right to raise such a challenge. Citing Chapter 16, Subsection 16.7 of the Criminal Procedure Law of Liberia, the prosecution noted that motions to dismiss must be filed before a plea is entered. Since the defendants had already sought a jury trial, the motion should be denied.
Additionally, the prosecution argued that many of the claims in the motion were merely factual assertions rather than legal grounds for dismissal. Prosecutors also pointed out that the National Security Reform and Intelligence Act of 2011 does not recognize the Financial Intelligence Unit as part of the National Security Council, thereby nullifying the defense’s claim of immunity.
Montserrado County Attorney Cllr. Richard Scott, leading the prosecution, asserted that the National Security Reform and Intelligence Act of 2011 does not provide blanket immunity to National Security Council members for actions unrelated to national security. He emphasized that matters raised in the motion should be addressed at trial rather than being used as a pretext to dismiss the charges.
According to the prosecution, a motion to dismiss must highlight legal defects in the indictment, which they argue is not the case here. Instead, they insist the charges are valid and that the defendants must stand trial.
