Supreme Court Says No Special Protection for Former Officials, Trial to Continue

Supreme Court Says No Special Protection for Former Officials, Trial to Continue

Monrovia, Liberia: The Supreme Court of Liberia has decisively rejected a petition for a writ of prohibition filed by several former senior government officials, clearing the way for their criminal trial to proceed at Criminal Court “C” at the Temple of Justice in Monrovia.

In a firm ruling delivered during its March Term, the High Court denied the petition brought by former Minister of Finance and Development Planning Samuel D. Tweah, former Acting Minister of Justice Counsellor Nyenati Tuan, former Financial Intelligence Agency (FIA) Director Stanley S. Ford, former FIA Comptroller D. Moses P. Cooper, and former National Security Advisor Jefferson Karmoh.

The petitioners had sought to halt proceedings presided over by His Honor Roosevelt Willie, Assigned Circuit Judge for the First Judicial Circuit, Criminal Assizes “C,” arguing that their alleged actions, tied to National Security Council activities, granted them immunity from prosecution.

However, after reviewing extensive records and hearing arguments from both sides, the Supreme Court ruled that the petitioners failed to establish any legal basis for immunity. The Court clarified that statutory immunity applies only to individuals expressly named or formally co-opted under the relevant law, a standard the petitioners did not meet.

The Court further emphasized that Article 61 of the Liberian Constitution grants personal immunity solely to the sitting President of Liberia, noting that no other executive branch officials enjoy such constitutional protection.

Addressing procedural claims, the Court found no violation of due process, affirming that Liberian law permits ex-parte applications in both civil and criminal matters where appropriate.

Consequently, the Supreme Court quashed the alternative writ of prohibition and denied the peremptory writ, ordering the trial court in Montserrado County to resume full jurisdiction and proceed with the case in keeping with the law.

The judgment was signed by Chief Justice Yamje Quiqui Gbejsay, Sr., and Associate Justices Yussif D. Kaba and Boakai N. Kanneh. Justice Jamesetta Howard Wolokolie recused herself due to family ties, while Justice Ceaineh D. Clinton Johnson also recused herself, having earlier issued the writ.

With the Supreme Court’s ruling, the high-profile case now returns to the trial court, where proceedings are expected to continue under intense public and media scrutiny, marking a significant moment in Liberia’s ongoing fight against corruption and abuse of public office.