Liberia is currently embroiled in a contentious legal drama as former officials, including Samuel D. Tweah, Jr., face alleged corruption charges. The case centers on whether these charges represent a legitimate effort to combat corruption or a politically motivated attack disguised as accountability.
The defense's core argument, as presented in the Movants' Amended Motion to Dismiss, is that the defendants acted under the authority of the National Security Council (NSC), invoking Section 11(d) of the National Security Reform and Intelligence Act of 2011 (NSRIA) to justify the expenditure of funds1. They assert that the funds were used for national security purposes, granting them broad discretion and shielding their actions from typical scrutiny1.
The defense emphasizes the confidentiality inherent in NSC operations and invokes Section 4(b) of the NSRIA, arguing that compelling the defendants to disclose information about NSC activities would violate executive privilege and immunity1. They contend that the court cannot exercise subject matter jurisdiction over the statutory operation of the National Security Council due to the nature of the expenditures1.
Furthermore, the defense invokes Section 3(f) of the NSRIA, which deems every member, personnel, or employee of the NSC a trustee of the Republic's secrets, bound by an oath not to divulge information acquired through their association with the council1. The Movants argue that compelling them to testify would infringe upon their constitutional rights under Article III 21(g) of the 1986 Constitution of Liberia1.
The defense is also founded on Chapter 11.2 sub-section 11.2 A, B & C of the Liberian Code of Laws Revised1. To counter these arguments, the prosecution must demonstrate that the defendants exceeded their authority, misappropriated funds, or violated financial regulations1.
The Movants are seeking for the court to dismiss the indictment for lack of subject matter jurisdiction and grant any other reliefs deemed just, fair, and legal1. The outcome of these proceedings will determine whether the government is genuinely pursuing accountability or using the justice system for political gain, potentially creating a chilling effect on future government actions1.
_____________________________
Get Involved
Do you have additional facts to add to this insight or an opinion you would like to express?
Email Us
References:
https://smartnewsliberia.com/former-finance-minister-samuel-tweah-and-others-seek-dismissal-of-corruption-charges/A Motion to Dismiss for Lack of Jurisdiction
https://liberianinvestigator.com/update/samuel-tweah-granted-8m-bail-after-turning-himself-in/A Motion to Dismiss for Lack of Jurisdiction
Comments