The Supreme Court of Liberia on Friday accepted a petition for reargumament in the national security case involving former Finance Minister Samuel D. Tweah Jr. and several Ex-officials, less than 24 hours after a three-justice panel denied a writ of prohibition and returned the matter to Criminal Court “C.”
The reargumament follows the discovery, by defense counsel, of what they called a “grave and material error” in the court’s December 18 opinion, in which the panel’s ruled that the 2011 National Security Reform and Intelligence Act (NSRI) does not expressly name the Minister of Finance as a member of the National Security Council (NSC).
Defense lawyers maintain the NSRI explicitly lists the Minister of Finance and that omission undermines the core legal basis of the Supreme Court’s ruling.
The December 18 decision, issued by Chief Justice Yamie Quiqui Gbeisay and joined by Associate Justices Yussif D. Kaba and Boakai N. Kanneh denied a writ of prohibition sought by Mr. Tweah and other former officials.
The petitioners had asked the high court to bar Criminal Court “C” from trying them on charges that they authorized and expended public funds under the auspices of the NSC.
In its opinion the majority held that immunity and other protections under the NSRI attach only to persons expressly named by statute or otherwise co-opted by the President — and concluded that the Minister of Finance, and by extension the petitioners, were not so covered because the act did not, in the majority’s reading, list the Finance Ministry among NSC members.
The court also rejected arguments that Article 61 of the Constitution and related doctrines insulated the defendants from prosecution for national security acts.
Defense counsel said they discovered within minutes of the opinion’s release that the majority had apparently overlooked Section 3(b) of the NSRI, which lists the composition of the NSC and names the Minister of Finance among its members.
They filed a petition for rearmament on December 19. The Supreme Court granted the petition the following day.
Grounds for Reargumament
The petition for rearmament argues that the high court inadvertently overlooked several controlling statutory provisions and constitutional doctrines central to Liberia’s national security governance. Key points raised by the petitioners include:
- Statutory membership: Section 3(b) of the NSRI (2011) enumerates the NSC’s membership and specifically names the Minister of Finance, a fact the defense says renders the Supreme Court’s finding erroneous.
- National security architecture: Section 2(b) of the NSRI and related provisions define the national security architecture to include agencies such as the Financial Intelligence Agency (FIA). Petitioners argue the FIA — reorganized by statute in 2021 after a 2012 inception as a Financial Intelligence Unit — forms part of the NSC’s supporting national security infrastructure and should enjoy statutory protections.
- Acting minister authority: The petitioners contend that the Acting Minister of Justice was functioning in the capacity of the substantive minister under Liberia’s Executive Law (Chapter 22.2) and therefore could validly act on behalf of the Minister on the NSC.
- Constitutional immunity and separation of powers: Petitioners stress that Article 61, read with Article 50, protects official executive acts and that recognizing criminal liability for policy decisions risks troubling encroachment on executive prerogatives.
- Classified materials and ex parte subpoenas: The defense also objected to aspects of the trial court’s handling of potentially classified national security materials and the court’s apparent willingness to issue ex parte subpoenas, which petitioners say could intrude on the President’s exclusive constitutional domain.
What Has been Happening in this case
The criminal proceedings against Tweah and other former Weah era officials have been marked by multiple procedural skirmishes. After an initial dispute over the sufficiency of an appearance bond — a motion that Judge A. Blamo Dixon ultimately denied — the prosecution sought the judge’s removal. A Justice in Chambers granted the removal but denied the prosecution’s request to remand Mr. Tweah.
The matter subsequently returned to Criminal Court “C” under a new judge, where a jury selection process began. Defense lawyers later filed a 12-count motion to dismiss, arguing lack of subject matter jurisdiction because the accused were NSC members or agents acting under the NSRI.
Judge Roosevelt T. Willie rejected the motion, prompting a writ of prohibition to the Supreme Court and a stay of lower court proceedings while the high court considered constitutional questions.
Recusals and an abbreviated bench
When the Supreme Court heard arguments in November, two justices — Jamesetta H. Wolokollie and Ceaineh D. Clinton Johnson — recused themselves, leaving a three-justice panel.
Associate Justice Wolokollie cited family ties to a petitioner, and Associate Justice Clinton Johnson said she had previously participated in an earlier Justice in Chambers ruling on the matter. The three-justice quorum proceeded to judgment on December 18.
What comes next
With the high court’s agreement to reargue, the December 18 judgment is now subject to reconsideration. The rearmament will focus on whether statutory text and constitutional principles bar lower court prosecution of NSC members and agents for acts carried out under national security authority, and whether procedural steps taken by lower courts — including handling of potentially classified material comport with constitutional limits.
Observers say the outcome could have significant implications for how national security policy and executive actions are insulated from ordinary criminal process, and for the handling of classified evidence in Liberia’s courts.
The Supreme Court has not yet announced a date for the rearmament; lower court proceedings remain on hold pending the high court’s further orders.
