Tweah’s Petition Denied, Eyebrows Raised -Pundits Wonder Over Apex Court’s Ignoring NSC Exclusion Law?

MONROVIA – The Supreme Court of Liberia’s decision to deny the petition for a writ of prohibition filed by former Finance Minister Samuel Tweah and others has sparked debate. The court’s ruling states that only the President of Liberia enjoys personal immunity, and former Minister of Finance can’t claim immunity without clear statutory protection. However, some argue that members of the National Security Council, including the Finance Minister, are exempted and shielded by law. The petitioners claimed they were acting under presidential authority and cited Article 61 of the 1986 Constitution and the National Security Reform and Intelligence Act (NSRI Act), positing strongly that their actions fell under national security operations, making them immune from judicial scrutiny. The Supreme Court disagreed, stating that immunities aren’t absolute and officials must answer for actions outside the law, and there is a public outrage against the apex court. THE ANALYST reports.

The Supreme Court of Liberia, in its October Term, has delivered a significant ruling in the case involving several former top government officials who had petitioned the court for a Writ of Prohibition against ongoing criminal alleged Economic Sabotage case before criminal court C’ at the temple of justice.

The petitioners include Samuel D. Tweah, former Minister of Finance and Development Planning; Counselor Nyenati Tuan, former Acting Minister of Justice; Stanley S. Ford, former Director of the Financial Intelligence Agency (FIA); Moses P. Cooper, former Comptroller of FIA; and Jefferson Karmoh, former National Security Advisor.

They brought the petition against His Honor Roosevelt Willie, Assigned Judge of the First Judicial Circuit Criminal Assizes “C” for Montserrado County, along with the Republic of Liberia, represented through the Ministry of Justice and the Liberia Anti-Corruption Commission (LACC).

The petitioners sought to prohibit the lower court from proceeding with their trial, raising claims related to statutory interpretations and alleged immunities.

Key Points of the Ruling

The Supreme Court, after reviewing the legal arguments and relevant statutes, denied the petition for the writ of prohibition.

The Court further ruled that only persons expressly named in a statute as beneficiaries can claim protection under it, meaning any claim of immunity or exclusion must be legally established.

Chief justice Yamie Quiqui Gbeisary speaking on behalf of the court added that that only the President of Liberia enjoys personal immunity while in office. Therefore, former officials like the petitioners cannot claim immunity in the absence of clear statutory protection.

The Court further declared that ex parte applications, such as those made in this matter, must follow due legal procedures and cannot override ongoing criminal proceedings unless legally justified.

As a result, the Supreme Court quashed the alternative writ earlier issued and ordered the case to be remanded to the lower court, instructing it to resume jurisdiction and continue the trial as initially planned.

It can be recalled the Supreme Court of Liberia in recent times temporarily halted the proceedings during which time the defense lawyers had pray the court for a petition for a writ of prohibition.

The stay order, issued Tuesday, December 3, 2024, follows a request from the Ministry of Justice (MoJ) for judicial review of issues surrounding a controversial US$8 million property valuation bond.

The bond, approved by Judge Blamo Dixon, was intended to prevent the incarceration of one of the accused, Samuel D. Tweah Jr., but has since sparked legal challenges.

In response to the ministry’s petition for a writ of certiorari, Justice Yamie Quiqui Gbeisay ordered an immediate suspension of all proceedings in the case pending a conference scheduled for December 10, 2024, adding that the conference will address the MoJ’s concerns about the bond approval and other procedural matters raised in the petition.

At the heart of the controversy is the US$8 million bond, which government prosecutors argue was improperly granted.

The MoJ’s petition emphasizes the need for clarity and accountability in handling such a significant financial safeguard in a case involving economic sabotage allegations.

Certiorari, a judicial process used to review decisions by lower courts or government agencies, was invoked by the Ministry of Justice to challenge Judge Dixon’s ruling.

In the writ, the Ministry of Justice urged the Supreme Court to halt proceedings until the legal and procedural issues surrounding the bond are fully addressed.

“You are ordered to stay all further proceedings and/or actions in the matter pending the outcome of a conference on Tuesday, December 10, 2024,” Justice Gbeisay’s written communication stated.

The case, which borders on accusations of corruption and economic sabotage, has drawn significant public attention, raising broader concerns about governance, transparency, and the rule of law in Liberia.

The temporary pause adds another layer of complexity, underscoring the challenges faced by Liberia’s justice system in handling high-stakes cases involving prominent political figures.

At last the court states: “Wherefore and in view of the foregoing, the petition for the writ of prohibition is denied, the alternative writ issued is quashed, and the peremptory writ prayed for is denied. This matter is hereby remanded to the trial court to resume jurisdiction and proceed with the trial in keeping with law.”

The clerk of the supreme court of Liberia has been order to mandate the lower court to resume jurisdiction on the matter in keeping with law.

Pundits’ Perspectives

A number of Liberians, who closely follow the case have been weighing in with their reactions, Timothy Marshall, Political Analyst, opined that the Supreme Court’s decision to reject Tweah’s petition is a clear example of judicial overreach. “By ignoring the legislature’s intentional exclusion of the Minister of Finance from the NSC, the court is essentially rewriting the law to suit its own narrative.”

J. Manston Nagbe, a law student, agrees: “This ruling sets a dangerous precedent, where officials can claim immunity without clear statutory protection. It’s a travesty of justice and undermines the rule of law in Liberia.”

For his part, K. Allison Kromah, Governance Expert said the court’s decision prioritizes politics over principle. According to him, Tweah’s exclusion from the NSC should have been a clear indication that he wasn’t acting under its authority, and the court’s rejection of his petition is a blow to accountability.