Senator McGill Labels Court Ruling Against Clar Hope A “Travesty of Justice,” Flags Impeachment Concerns

Senator McGill Labels Court Ruling Against Clar Hope A “Travesty of Justice,” Flags Impeachment Concerns

MONROVIA, LIBERIA: Margibi County Senator Nathaniel Farlo McGill has sharply condemned the February 24, 2026 ruling by Criminal Court “A,” which denied the Clar Hope Foundation’s motion to quash a subpoena duces tecum, compelling the organisation to provide financial and administrative records concerning its multipurpose complex in Marshall, Margibi County. 

‎He described the judgment as a “travesty of justice,” asserting that it raises serious questions regarding constitutional protections and may warrant legislative scrutiny.

‎He emphasized that the Court’s decision infringes upon the safeguards enshrined in Article 21 of the Constitution of the Republic of Liberia, which protects individuals and institutions from being compelled to provide evidence against themselves, stressing that, in his view, these are “not optional rules; they are binding constitutional guarantees.”

‎Senator McGill framed the ruling as a direct challenge to the principles of due process, warning that such precedents could erode the integrity of Liberia’s legal system.

‎Turning to the responsibilities of the State, Senator McGill underscored that the burden of proof rests squarely with the government, observing that when wrongdoing is alleged, authorities must “investigate lawfully, indict where necessary, and prove their case beyond a reasonable doubt before a competent court.” He added that, “That is the foundation of criminal justice. Courts are not instruments of political convenience,” highlighting the dangers of using subpoenas as a substitute for formal prosecution procedures.

‎Senator McGill also questioned the conduct of the judiciary, asserting that any deliberate circumvention of constitutional protections constitutes a breach of judicial oath. In his words, “Any judge who deliberately circumvents constitutional protections for political purposes violates that oath. Liberia is not a banana republic, and no judge is above the law.” 

‎He emphasized that judicial accountability is essential to maintaining public confidence in the courts and upholding the rule of law.

‎He further indicated that the Legislature possesses a duty to exercise oversight in cases of potential judicial or investigatory abuse, asserting that “Judicial independence does not mean judicial immunity. Where there is abuse of authority, there must be accountability.”

‎Senator McGill suggested that both the Court and the Assets Recovery and Property Retrieval Task Force could be called upon to provide explanations to the Legislature, with the possibility of impeachment or formal inquiry should misconduct be established.

‎Acknowledging that the Clar Hope Foundation has expressed willingness to cooperate with lawful investigations, Senator McGill clarified that such cooperation cannot come at the cost of constitutional safeguards, noting that “Cooperation does not mean surrendering fundamental rights. The Constitution remains supreme, and it must be defended.”