The Supreme Courtroom of Liberia has dominated that former Finance Minister Samuel Tweah and others usually are not exempt from dealing with corruption fees, regardless of claims that they acted within the curiosity of Nationwide Safety or have been coated by the Nationwide Safety Council Act.
Mr. Tweah and others have argued that as members of the Nationwide Safety Council, they’re shielded from prosecution, however the Supreme Courtroom on Thursday, December 18, 2025, dominated
that their alleged actions have been undertaken with out lawful authority of the Nationwide Safety Council (NSC).
The Act establishing the Nationwide Safety Council lists a number of Safety Establishments, alongside the Ministers of Justice and Finance, as members, however the Courtroom guidelines in any other case.
Delivering the Courtroom’s opinion on December 18, 2025, Chief Justice Yamie Quiqui Gbeisay held that the petitioners did not show that their actions have been approved by the NSC as required by regulation, thereby invalidating claims of “delegation and necessity” superior of their protection.
On the coronary heart of the dispute is whether or not sure former officers had the authority to behave on behalf of the NSC in authorizing the withdrawal and switch of public funds. The Courtroom famous that, except for the previous Nationwide Safety Advisor, not one of the different petitioners have been members of the NSC and subsequently lacked the authorized standing to behave for the Council until expressly granted such authority by the President or the NSC itself, as mandated by statute.
“No such invitation or authorization was introduced to assist the declare of ‘delegation and necessity,’” the Courtroom noticed, emphasizing that the indictment explicitly alleges that “no NSC request, instruction, or decision approved the petitioners to withdraw or channel these funds,” the ruling famous.
The Courtroom additional dismissed reliance on a letter signed by the Performing Minister of Justice, which the petitioners cited as proof of NSC involvement. In keeping with the ruling, the Performing Minister of Justice isn’t a member of the NSC and subsequently couldn’t lawfully act on its behalf.
The Courtroom pointed to the Nationwide Safety Reform and Intelligence (NSRI) Act, which stipulates that within the absence of the Minister of Justice, the Minister of Protection, not the Performing Justice Minister, shall preside over NSC issues.
“Assuming that the Minister of Justice was absent,” the ruling famous, “any such order may have legally emanated from the Minister of Protection, who’s the following in line as supplied for by Part 2, sub-section (g) of the 2011 NSRI Act. That is how the regulation supposed the NSC’s actions to be carried out.”
Discovering no provision within the regulation that grants NSC membership or spinoff authority to an Performing Minister of Justice, the Courtroom concluded that the actions taken with out specific delegation from the NSC have been illegal.
In a strongly worded passage, Chief Justice Gbeisay underscored the rule-of-law implications of the case, stating:
“This jurisprudence embodies the rule-of-law precept: that’s, public or non-public motion have to be approved by regulation. We maintain, subsequently, that the respondents’ declare that a number of of the petitioners weren’t NSC members, and that no official NSC authorization existed for the mentioned transactions, and the alleged withdrawals have been extremely vires and accomplished with out authority, are supported not solely by the data earlier than us but in addition finds assist within the regulation. For the reason that petitioners haven’t proven their actions have been approved NSC actions, they can’t conceal behind the Council’s safety clause to defend alleged legal conduct.”
The ruling clears the best way for the continuation of considered one of Liberia’s most consequential corruption circumstances in current historical past.
In September 2024, former Finance and Improvement Planning Minister Samuel D. Tweah Jr. and 4 different senior officers have been indicted by a Liberian grand jury following a joint criticism by the Liberia Anti-Corruption Fee (LACC) and the Ministry of Justice.
The defendants face a number of fees, together with financial sabotage, unlawful disbursement and expenditure of public cash, theft of property, cash laundering, misuse of public funds, legal conspiracy, and legal facilitation. Prosecutors allege that the officers approved unauthorized transfers totaling roughly L$1,055,152,540 and US$500,000 from the Central Financial institution of Liberia to the Monetary Intelligence Company (FIA) accounts in 2023, with out correct approval.
These indicted alongside Tweah embrace Nyenati (Cllr.) Tuan, former Performing Justice Minister and Solicitor Common; Jefferson Karmoh, former Nationwide Safety Advisor; D. Moses P. Cooper, former FIA Comptroller; and Stanley S. Ford, former FIA Director.
An arrest warrant was issued in mid-2024, resulting in the detention of some co-defendants who failed to satisfy bail circumstances. Tweah, who was initially overseas, returned to Liberia in September 2024 and surrendered to authorities. He was granted bail of US$8 million and stays free pending trial.
The matter has been continuing earlier than Felony Courtroom ‘C’ in Monrovia. A movement to dismiss the fees, anchored in claims of nationwide safety immunity, was denied, prompting the protection to file a writ of prohibition to the Supreme Courtroom. That submitting briefly halted lower-court proceedings whereas the excessive courtroom examined constitutional questions surrounding jurisdiction and immunity.
The Supreme Courtroom held hearings on the matter in 2025, together with a notable session round November 11, 2025, culminating in Thursday’s decisive ruling.
Tweah and his authorized staff have constantly denied any wrongdoing, characterizing the case as a politically motivated “witch hunt” by the present administration. He has pledged to clear his title by means of the judicial course of.- Edited by Othello B. Garblah.
