Criminal Court ‘C’ Puts Tweah on $8m Bail -Corruption Trial of the former Finance Minister Set for November 12

THE ANALYST’s H. Matthew Turry and Judiciary Reporter Garmah Lomo yesterday, September 25, 2024, covered preliminaries of what is likely to be one of Liberia’s consequential legal battles as the Unity Party government’s prosecutors put on trial at the Criminal Court ‘C’ former Minister of Finance and Development Planning and other officials of the erstwhile Coalition for Democratic Change (CDC). The yesterday drama saw the arrival and brief formalities that took place at the Temple of Justice, when the former Finance Minister, accompanied by a horde of supporters, walked spiritedly into the City Court where his lawyers finally consummated a US$8 million bond for Tweah, setting the stage for the commencement of litigation on November 12.

Almost immediately returning to the country, September 25, 2024, through the Roberts International Airport, Liberia’s former Finance Minister during the administration of the former ruling Coalition for Democratic Change (CDC) Samuel D. Tweah surrendered to Criminal Court ‘C’ on Wednesday, September 25, 2024 where he was served the indictment.

Former Minister Tweah, along with ex-National Security Advisor Jefferson Karmoh and former Solicitor General Cllr. Nyanti Tuan, D. Moses P. Cooper, former Acting Financial Controller of the Financial Intelligence Agency (FIA), and Stanley S. Ford former Director General FIA, were charged with multiple crimes, including economic sabotage, fraud, and criminal conspiracy.

Tweah, whom many had thought was set to evade the investigation by staying out of the country, majestically walked in the premises of the Temple of Justice in apparent surrender. The Court granted him an $8 million bail, setting his trial for November 12, 2024.

The indictments of the officials of the former ruling CDC stem from an investigation by the Liberia Anti-Corruption Commission (LACC) which accuses the former officials of orchestrating a scheme that diverted over L$1 billion and US$500,000 from the Financial Intelligence Agency (FIA).

These funds, meant for national security and financial oversight, reportedly disappeared under dubious circumstances between September 8 and 21, 2023.

But, during Wednesday pre-trail hearing lawyers representing the former officials headed by Cllr Arthur Johnson made a submission on the minutes of court, asserting that the bail bond is backed by Chapter 13 of the criminal procedure law.

Following the defense lawyers’ submission the prosecution lawyers headed by Montserrado County Attorney Richards Scott interposed no objection and said that the charges levied against the defendants are billable before the law.

For his part Criminal Court C” Judge A. Blamo Dixon granted the defense lawyers’ bail in keeping with the criminal procedure law and the constitution of 1986.

He said that the acceptance of the bond shields, at least temporarily, co-defendant Samuel Tweah, from being detained at the Monrovia central prison and also saying that co-defendant Tweah has the right to request change of venue in the matter.

The LACC’s investigations revealed that Tweah allegedly authorized these hefty transfers without proper approval from Liberia’s National Joint Security or the National Security Council.

The LACC stated that there was no documented need or request for these funds, raising questions about the legality of the transactions.

Once transferred, the funds quickly vanished with withdrawals made by D. Moses P. Cooper, then Acting Financial Controller of the FIA. According to court documents, nearly all the transferred funds were withdrawn in just over a month, leaving a mere L$7,500 in the account, according the indictment.

The LACC further revealed that Cllr. Tuan, then acting as Minister of Justice, was aware of the transferred funds but failed to provide records on their usage. Despite his written instructions to release the funds upon their deposit, no further documentary evidence of their intended use has been uncovered.

The Criminal Court “C” at the Temple of Justice was presided over by Judge Blamo A. Dixon on September 25,2024, who granted and temporarily released to his lawyers former Liberian Finance who and four others are facing alleged corrupt charges following a bail bond filed at the court.

Tweah’s legal team is headed by Cllr. Arthur T. Johnson, Norris Tweah among others.

The property underpinning the bond includes real estates and the land deeds relating to said property and property with valuation receipt from the Liberia Revenue Authority (LRA).

The court also restored his liberty as a free man pending the commencement of the case hearing slated for November 12,2024 after the November A. D 2024 term of court opening.

According to Judge Dixon, the defendant Tweah under the law has the right to remain silent because any statement made by him would be used in against him in the court of law.

Judge Dixon also told the defendant’s choice of change of venue and motion for the recusal of the judge if he is dissatisfied with the judge constitute his constitutional and legal rights.

Alleged crimes of the former CDC officials for which were indicted are Economic Sabotage: (Fraud on the Internal Revenue of Liberia Misuse of public money, property, or record; Theft and/or illegal disbursement and expenditure of public money) 2. Theft of Property 3. Money Laundering 4. Criminal Facilitation 5. Criminal Conspiracy INDICTMENT

COUNT one of the incident states: The Grand Jury for Montserrado County sitting in its August Term of Court A. D. 2024, Republic of Liberia, upon their oath do hereby find, more probably than not, that you Defendants Samuel Tweh, former Minister of Finance, Cllr. Nyanti Tuan, former Acting Minister of Justice & Acting Chair Joint Security, Stanley ford, former FIA Director General & member Joint Security Council, and D. Moses P. Cooper, former Comptroller, FIA, in the discharge of your duties as officials of the National Joint Security of Liberia and the Financial Intelligence Agency, did conspire, collude, facilitate and did do and commit the Crime of Economic Sabotage (Fraud on the internal revenue of Liberia; Misuse of Public Money, Property or Record and Theft and/ or illegal disbursement and expenditure of public money) in violation of Chapter 15, Sections 15.80(a)(b)(d), 15.81 (a)(b)(c)and Section 15.82 (a)(b)(e)of the New Penal Law of Liberia, Title 26 of Liberia Codes of Law Revised, a felony of the first degree, to wit:

That, between the period September 8-21, 2023, from transfers instructions documents submitted to the LACC Investigation by the CBL as indicated in counts-7, 8 & 9 of the investigative report, it shows that the total amounts transferred to the Operational accounts of the FIA by the CBL as per the instruction from the MFDP are LS1,055,152,540.00 billion and US$500,000.00.

That, though Co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Co-defendant Tweah for which he (defendant Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the FIA account.

That Mr. Samuel D. Tweah, in the discharge of his duties as then Minister of Finance and Development Planning (MFDP), knowing full well that the amounts LS1,055,152,540.00 billion US$500,000.00 were never requested for by the National Joint Security, nor the National Security Council; and which were never authorized, but willingly conspired with Cllr. Nyenati Tuan, then Acting Minister of Justice, and Acting Chairman of the National Joint Security, thus causing the illegal transfer of the amount mentioned supra to the operational accounts (USD & LRD) of the Financial Intelligence Agency (FIA); and which cannot be accounted for,

That, on September 22, 2023, analysis of the Bank Statement of the FIA’s United States Dollar Operational account (A/C #: 1502021605) held at the CBL shows that the Management of the CBL transferred the total amount of US$500,000.00 to the said account of the FIA as per the instruction from co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning; and that on the same day (September 22, 2023) the said amount (US$500,000.00) was withdrawn by D. Moses P. Cooper, then Acting Financial Controller of the Financial Intelligence Agency (FIA).

That between the period September 8-21, 2023 thereabout, analysis of the Bank Statement of the FIA’s Liberian Dollar Operational account (A/C #: 1501008108) held at the CBL shows that the Management of the Central Bank of Liberia (CBL) transferred the total amount of L$1,055,152,540.00 to the said account of the Financial Intelligence Agency (FIA) as per the instruction from the Minister of Finance and Development Planning (MFDP); and that between the periods (September 11, 2023-October 17, 2023) the total amount of LS1,055,145,040 was withdrawn by Co-defendant D. Moses P. Cooper, then Acting Financial Controller of the Financial Intelligence Agency (FIA), thus leaving a difference of L$7,500.00.

That, though Co-defendant Cllr. Nyenati Tuan, then Acting Minister of Justice and Acting Chairman of the National Joint Security, confirmed to the Investigation that the National Joint Security did receive the funds which were transferred to the FIA on its (Joint Security) behalf, Cllr. Tuan failed to show how much each group of the Joint Security received (if any), and how said funds were expended

That, on September 5, 2023; exactly two months following the admittance of the Financial Intelligence Agency (FIA) into the National Joint Security by Co-defendant Jefferson Karmoh, a letter with reference (NT/AM-SG/MOJ/050/2023/RL) under the signature of Co-defendant Nyenati Tuan, Solicitor General and then Acting Minister of Justice, was written to Co-defendant Stanley S. Ford, Director General of the Financial Intelligence Agency (FIA) informing him (Ford) that the National Joint Security of Liberia has secured funding for its operations and that the FIA had been designated for the channeling of said funds; and that upon the availability of the funds into the accounts of the FIA, Mr. Ford is instructed to release the said funds to the National Joint Security.

A Ce-copy of the said letter was acknowledged by Co-defendant Jefferson Karmoh.

That, during the aforementioned period, the investigation did not establish any proof of documentary evidence that Co-defendant Nyenati Tuan letter to the FIA to receive and withdraw money transferred to its (FIA) operational Accounts for use by the National Joint Security was as a result of a directive or mandate from the Minister of Justice; but rather a consultation between him (Cllr. Nyenati) and Co-defendant Jefferson Karmoh, then National Security Advisor to the President of Liberia.

That, the investigation established no proof of documentary evidence that the Financial Intelligence Agency (FIA) as an institution or its Director General requested to the Ministry of Justice (MOJ) for admittance into the National Joint Security, contrary to statement made by Mr. Jefferson Karmoh, former Security Advisor to President George M. Weah, that the Financial Intelligence Agency (FIA) requested through the Ministry of Justice (MOJ); neither is there any evidence of letter of instruction from the MOJ to Mr. Karmoh, which would have served the basis for issuing to the FIA a letter admitting it to the National Joint security as mentioned in count-3 of the LACC’s findings.

That, though Co-defendant Samuel D. Tweah, then Minister of Finance and Development Planning (MFDP), was a member of the National Security Council, the Investigation did not establish any proof of documentary evidence such as Instruction from the National Security Council, or letter of request from the National Joint Security or the FIA to Hon. Tweah for which he (Hon. Tweah) approved and subsequently ordered the transferred of the above mentioned amounts to the Financial Intelligence Agency (FIA).

Further to that, the investigation did not establish any proof of documentary evidence that Co-defendant Cllr. Nyenati Tuan letter to the FIA to receive and withdraw money transferred to its Financial Intelligence Agency (FIA) operational Accounts for use by the National Joint Security was as a result of a directive or mandate from the Minister of Justice; but rather a consultation between him (Cllr. Nyenati) and Co-defendant Jefferson Karmoh, then National Security Advisor to the President of Liberia.

That, the Plaintiff says that the Defendants have no affirmative defense in the premises. That, the defendants’ act is contrary to; 4LCLR, Title 26, Sections 15.80 (a)(b)(c), 15.81(a)(b)(c), 15.82 (a)(b)(c), 4LCLR,Title 26, Section 2.2 (b); and the peace and dignity of the Republic of Liberia.