Dismiss Charges In Entirety -Tweah, Others Cite Lack of Subject Matter Jurisdiction
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MONROVIA – Former top officials of the Coalition for Democratic Change (CDC) government charged for multiple corruption-related offenses by their successors in the Unity Party government have opened a law-lecture theater at the local court in Monrovia as if their accusers have forgotten or ignorant of the laws surrounding the subject matter of the case. In their first official presentation, called the “Movant’s Amended Motion,” the accused and their defense counsels thoroughly discarded all and every legal ground upon which the litigation is filed against them and requested a dismissal for “lack of subject matter jurisdiction”. The Analyst reports.
Former Finance Minister Samuel Tweah and four of his co-defendants have barked at their accusers with deafening growl, filing an exhaustive motion requesting the dismissal of the corruption charges against them. They claimed the case is politically motivated and lacks substantive evidence.
The motion, submitted just before the jury selection process was set to begin, argued that the case involves sensitive national security matters, which should fall under the jurisdiction of the National Security Agency (NSA) rather than the Criminal Court “C.”
The defendants contend that the court does not have the proper authority to oversee matters with national security implications.
The legal team representing Tweah and his co-defendants—former Acting Minister of Justice Cllr. Nyanti Tuan, former Director-General of the Financial Intelligence Agency (FIA) Stanley S. Ford, former FIA Comptroller D. Moses P. Cooper, and former National Security Adviser Jefferson Karmon–asserts in the motion that these issues of the nature are best handled by the NSA, which has the expertise to investigate and manage national security matters.
According to the accused, they were all members and agents of the National Security Council (NSC) of Liberia who were responsible for carrying out the functions of the National Security Council of Liberia, chaired by the President of Liberia, consistent with the National Security Council Reform and Intelligence Act of 2011.
“On February 27,2024, Front Page Africa published a story alleging that the Financial Intelligence Agency (FIA) of Liberia received the sum of Five Hundred Thousand United States Dollars (US$500,000) from the Ministry of Finance and Development Planning (MFDP) Republic of Liberia for the purchase of IT Equipment for FIA, but the purchase was never made and the funds were not accounted for,” Tweah and others asserted, adding that predicated upon the Newspaper publication, the Liberian Anti-Corruption Commission (LACC) launched an investigation into the circumstances surrounding the disbursement by MFDP and withdrawal of the Five Hundred Thousand United States dollars (US$500,000) from the CBL.
LACC’s investigation concluded that at some point in 2023, the total amount of Five Hundred Thousand United States Dollars (US$500,000) and One Billion, Fifty-five Millions Liberian Dollars was withdrawn from the Central Bank of Liberia, through the operational account of the Financial Intelligence Agency, and applied towards National Security purposes by the National Security Council of Liberia.
Further to count three above, the defendants recalled the amount mentioned was expended in keeping with Section 11, subsection (d) of the National Security Reform and Intelligence Act of 2011, which provides “Funds made available to them may be expended for any purpose necessary to carry out its functions, and may be expended without regard to the provision of laws relating to expenditure of government funds if essential for vital National Security interest, unless specifically prohibited by other law”.
“Predicated upon the investigation conducted by the LACC, on September 5, 2024, A Grand Jury of Montserrado County sitting in its August Term, A.D.2024 brought down a TRUE BILL indicting the five Defendants on all counts of the five charges against them,” they said further. “Upon the reading of the Grand Jury Report, the Presiding Judge of Criminal Court ‘A’, His Honor J. Kennedy Peabody, ordered the case and the case file forwarded to Criminal Court ‘C’, which was presumed to have trial jurisdiction over the subject matter. An Indictment Writ Of Arrest was then issued by Criminal Court ‘C’ against all the five Defendants on August 6,2024.”
They reminded the prosecution that the National Security Council of Liberia was created by the National Security Reform and Intelligence Act (NSRIA) of 2011 for the purpose of protecting the national security interest of the country.
Specifically, Liberia’s National Security Council (NSC) is the highest advisory and decisional body on National security matters. It is responsible for formulating policies, coordinating security agencies, and ensuring the protection of the state, and directing national security actions, the said in their motion called for the outright dismissal of charges against them.
Tweah and others argued that “as agents and advisors to the President of the Republic and the National Security Council, the Movants exercised discretionary authority in matters critical to national security and governance pursuant to Section 4 subsection (b) of the National Security Reform and Intelligence Act (NSRIA) prohibits members of the National Security Council from the disclosure of any information that come to them by virtue of being members of the National Security Council.”
According to them, the investigation conducted by the LACC, from which grew the indictment now subject of this motion and the case currently venue before this Court surround activities and actions of members of the National Security Council of Liberia, which activities, under the laws cited supra in this motion, prohibit the disclosure of information which cannot be subject of judicial review.
“Furthermore, that Movants/Defendants cannot be compelled by any court to divulge information relating to their functions as members of the National Security Council, to compel the Defendants to testify with further violate the fundamental rights of the Defendants guaranteed under the 1986 Constitution of the Republic of Liberia,” they said.
They described as legally deficient, constitutionally violative of their fundamental rights o as enshrined in Article 9, further indicating that the indictment improperly seeks to criminalize constitutional, national security, statutory, and discretionary acts performed by officials while in the discharge of their official responsibilities to further national security interest of the Republic.
“As such, any such judicial process, as now being contemplated by this indictment, to review or ascertain the actions or activities of members of the National Security Council potentially risk exposing or disclosing classified and confidential government communications and intelligence,” posited the defendants.
“Such disclosure would be a direct contravention of the National Security Council Act. In consequence therefore, Movants respectfully pray that this Honorable Court grant this Motion and dismiss the indictment with prejudice.”
Under the National Security Reformed and Intelligence Act of 2011 as found in Section 3 (f), it is provided that “every member, personnel or employee of the National Security Council shall be deemed a trustee of the secrets of the Republic and when entering upon the duties of the council shall be, in case of members, sworn by the chair and in case of the personnel and employees, by the secretary, not to divulge any information which has come to his or her knowledge by reason of such membership or employment with the council except as required in the course of duty.
“Any violation of this oath shall subject the offender(s) to a fine of One Hundred Thousand Liberian Dollars or up to ten years imprisonment or both. The oath shall be binding and enforceable on every member, personnel or employee of the council for a period of twenty years after severance of his or her relationship with the council.”
The defendants also stressed that in strict compliance with the provision of the enabling aforementioned statutes, they, who are former members of the National Security council or personnel acting under direct instruction from authorized members of the National Security Council, cannot, under any circumstances, be compelled to divulge information about the operations including the expenditure of funds for which the Defendants are indicted and are being prosecuted of the National Security Council.
“this Honorable Court cannot exercise subject matter jurisdiction over the statutory operation of the National Security Council because the amount in question was expended in keeping with section 11 Subsection (d) of the National Security Council and Intelligence Act of 2011,” the objected.
In view of the cited facts and laws of the country, Tweah and others asked the court to dismiss the Indictment against them for lack of subject matter jurisdiction, and grant all other reliefs that “your Honor and this Honorable Court will deem just, fair, and legal”.
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