Judicial U-Turn: Supreme Court Reopens Key Ruling, Exposing Cracks in State’s Case Against Ex-Officials

Former Finance Minister Samuel Tweah, pictured at far right

MONROVIA — The Supreme Court of Liberia has taken the rare step of reopening proceedings in the alleged corruption trial of former Finance Minister Samuel Tweah and other senior ex-officials, agreeing to rehear arguments less than 24 hours after dismissing the defense's appeal. This abrupt judicial pivot was triggered by the revelation that the Court may have misread the very statute it used to strip the former officials of immunity.

The move does far more than interrupt the Boakai administration’s flagship prosecution; it exposes the fragility of a legal process that defense lawyers argue has been weaponized from the onset. By agreeing to review the case so swiftly, the high court has implicitly acknowledged a significant procedural oversight. Its December 18 opinion claimed the finance minister was not a statutory member of the National Security Council (NSC)—a premise directly contradicted by the explicit text of the 2011 National Security Reform and Intelligence Act.

This unforced error at the highest level has galvanized claims by the defense that the prosecution is less a pursuit of justice than a politically accelerated "witch hunt"—one that risks bypassing constitutional safeguards to target the previous administration’s inner circle.

A Cascading Error

The judicial oversight appears to extend beyond the Finance Ministry, reinforcing the narrative of a broad, orchestrated dismantling of the former Weah administration's security architecture. The Court’s initial ruling also stripped immunity from former National Security Advisor Jefferson Karmo, despite the fact that Section 3(b) of the Act explicitly names the National Security Advisor as the Council’s Secretary.

The ruling’s reach was even more aggressive regarding former Acting Justice Minister Cllr. Nyenati Tuan. The Court held that because the Act names the "Minister of Justice" and not an "Acting Minister," Tuan was personally liable for official acts. Defense lawyers argue this interpretation ignores the Executive Law of Liberia, which authorizes an Acting Minister to perform all functions of the office in the Minister's absence. By disregarding this standard governance principle to target Tuan, critics argue the Court engaged in "judicial overreach," violating the checks and balances of power.

Furthermore, the defense contends that the Court’s initial ruling dangerously narrowed the definition of national security. By initially excluding the Financial Intelligence Agency (FIA) from the NSC's architecture, the ruling reportedly risked exposing sensitive anti-money laundering and counter-terrorism operations to public scrutiny—a stance the defense labeled a "threat to national security" in itself.

A Pattern of 'Legal Drama'

Legal analysts suggest the Supreme Court’s oversight is symptomatic of a broader pattern of procedural irregularities that have plagued the case. The prosecution has been marked by what observers describe as "legal dramas and twists," including an initial attempt by state prosecutors to arbitrarily jail Tweah by challenging his bond—a move rejected by the lower court. That court was headed by Judge Blamo Dixon, who was subsequently removed from the case following the government’s failed demand.

The Supreme Court’s admission of a potential error provides powerful ammunition for the defendants, who have long argued the trial is a violation of the separation of powers. If the Court reverses its decision, it will validate the defense's argument that their actions were protected executive functions, potentially ending the state's case before it truly begins.

Conversely, the spectacle of the nation's highest court misidentifying a key statute in a high-profile political trial reinforces opposition allegations suggesting a judicial process straining to deliver a specific outcome rather than adhering to the letter of the law.

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