Monrovia-Criminal Court “C” below the presiding decide, Roosevelt Z. Willie, has rejected a movement to dismiss the alleged corruption case in opposition to Defendant Samuel D. Tweah and others.
By Willie N. Tokpah 0777039231
The resolution has severe implications for the continuing authorized battle, because the courtroom decided that the case should proceed to trial.
The Defendants, together with Samuel D. Tweah, former Minister of Finance and Development Planning, and different Co-defendants had filed a movement arguing that their actions had been shielded from prosecution by the National Security Reform and Intelligence Act of 2011. Specifically, they invoked sections 7(c) and 11(d) of the Act, which they argued granted them immunity for actions undertaken within the curiosity of nationwide safety.
However, in its ruling, the courtroom emphatically disagreed, stating that not all actions, together with monetary transactions, undertaken by members of the National Security Reform Intelligence (NSRI) are exempt from prosecution. Citing Section 7(c) of the NSRI Act, which particularly mandates that members are usually not exempt from legally required accounting throughout the authorities, the courtroom decided that any allegations of monetary impropriety have to be addressed via authorized proceedings.
The prosecution, represented by the Ministry of Justice and the Liberian Anti-Corruption Commission (LACC), countered the movement, asserting that the defendants’ actions, together with the alleged misappropriation of funds, fall outdoors the scope of nationwide safety pursuits.
The prosecution emphasised that the defendants’ conduct, particularly the unauthorized switch of funds to the Financial Intelligence Agency (FIA), was not shielded by the provisions of the NSRI Act.
The case revolves round allegations that Samuel D. Tweah, together with co-defendants, conspired to illegally switch substantial quantities of cash to the FIA’s operational accounts.
According to the LACC’s investigation, these funds weren’t requested or licensed by the National Security Council or the National Joint Security, elevating issues about financial sabotage and theft of public property.
Criminal Court “C” additional dominated that the Defendants’ declare of immunity below Article 61 of the 1986 Constitution of Liberia, which protects the President from prosecution, didn’t apply on this case. Although Tweah was a member of the National Security Council, the courtroom discovered that the investigation didn’t uncover proof of direct directions from the President, which might have granted the defendants immunity below the mentioned article.
The courtroom’s resolution to disclaim the movement to dismiss ensures that the prosecution could have the chance to current proof and show its case in courtroom.
This ruling additionally underscores the courtroom’s stance on holding people accountable for alleged monetary misconduct, no matter their positions inside nationwide safety companies.
The case is ready to proceed, and the authorized battle will proceed to unfold, with the prosecution in search of to carry the defendants accountable for the alleged misappropriation of presidency funds.
The resolution marks a important second in Liberia’s ongoing efforts to sort out corruption on the highest ranges of presidency.