The Supreme Court of the Republic of Liberia has agreed to hear a re-argument following its ruling last Thursday, December 18, in the case involving former Finance Minister Samuel D. Tweah, former National Security Advisor Jefferson Karmo, former Acting Minister of Justice Cllr. Nyenati Tuan, and other former officials who served under the Weah Administration.

The accused were indicted for authorizing and expending public resources under the auspices of the National Security Council (NSC) and approached the Supreme Court seeking dismissal of the indictment.

However, in a ruling signed by three justices, Chief Justice Yamie Quiqui Gbeisay, Associate Justice Yussif D. Kaba, and Associate Justice Boakai N. Kanneh, after two other Associate Justices, Jamesetta H. Wolokollie and Ceaineh D. Clinton-Johnson, recused themselves, the Court opined that the former Finance Minister, and by extension all finance ministers of Liberia, are not entitled to national security protection under the National Security Reform and Intelligence Act (NSRI) of 2011. The Court reasoned that the NSRI does not specifically list the Ministry of Finance and Development Planning as a member of the NSC.

Lawyers for the petitioners immediately noted that this ruling contradicts Section 3(b) of the NSRI of 2011, which names all NSC members as: President of Liberia (Chairman), Vice President (Co-Chair), Minister of National Defense, Minister of Justice, Minister of Foreign Affairs, Minister of Finance, Minister of Internal Affairs, along with the Director-General, National Security Agency, National Security Advisor (Secretary), and Director of the Liberia National Police.

Beyond the omission of the Ministry of Finance and Development Planning, petitioners’ lawyers argued that the Supreme Court’s denial of the Financial Intelligence Agency’s (FIA) national security protection under the NSRI contravenes Section 2(b) of the Act, which defines the National Security Architecture of Liberia.

The petition states that such denial is itself a threat to national security, as the FIA oversees critical areas including financial intelligence, money laundering, and terrorist financing. Section 2(b) of the NSRI reads:

“This act shall apply to all Law enforcement agencies: the Liberian National Police including the National Police Training Academy; the Bureau of Corrections and Rehabilitation; The Bureau of Immigration and Naturalization; the Bureau of Customs and Excises; The National Fire Service; the Motor Vehicle Bureau; the National Security Agency and the Special Security Services, (now replaced with the Executive Protection Services in this Act. An Act of Legislature shall regulate the functions and divisions of each of these agencies and such other agencies [AND SUCH OTHER AGENCIES OR OFFICES AS MAY BE ESTABLISHED FOR NATIONAL SECURITY AND PUBLIC SAFETY].

The petition adds: “Consistent with section 2(b) above of the 2011 Act, the Financial Intelligence Agency is a member of the national security infrastructure, since it was established first in 2012 as the Financial Intelligence Unit and reorganized under legislation in 2021 as the Financial Intelligence Agency, both dates occurring after the passage of the NSRI of 2011.”

The petition also notes that the Supreme Court recognized the “Support Group” in Section 3(g) of the NSRI, which may act as “agents” of the National Security Council. Section 3(g) reads:

“Supporting Group: The president in his or her capacity as Chair of the NSC shall have as supporting group for the implementation of the policy directives of the NSC, the following members: The Minister of Justice, The Minister of National Defense, The Director of the National Security Agency, The Director of the National Police, The Director of the Executive Protective Agency, The Chief of Staff of the Armed Forces of Liberia, The Commissioner Bureau of Immigration and Naturalization, The National Security Advisor to the President, and The G-2 Commander, Military Intelligence.”

Petitioners argue that the Financial Intelligence Agency is part of the supporting group of the NSC because it manages and oversees financial intelligence and illicit financial flows, including money laundering and terrorist financing. They contend that denying the FIA national security protection under the NSRI of 2011 and the FIA Act of 2021 constitutes a serious threat to national security.

Regarding the Acting Minister of Justice, petitioners maintain that: “The Acting Minister of Justice acts on behalf of the Minister and not as an individual. The Acting Minister of Justice is clothed with the authority under the Executive Law of Liberia to perform the functions of the Minister in the Minister’s absence… When the responsibility of the Acting Minister of Justice is delegated to any of the deputies of the Minister, he or she shall carry out all the functions of the Minister until he or she returns to such capacity.”

Petitioners assert that serving on the NSC in the absence of the Minister is at the full discretion of the President, and questioning that decision constitutes judicial overreach, violating the principle of checks and balances.

They further argue that no provision in the NSRI Act of 2011 prohibits the Acting Minister of Justice from serving on the NSC in the absence of the Minister.

On constitutional immunity and separation of powers, petitioners emphasize that: “Article 61 of the Liberian Constitution, when read in harmony with Articles 50, protects official executive acts, including those carried out by senior presidential advisors acting under lawful authority… By permitting criminal proceedings to advance against former officials for actions allegedly taken in execution of national security policy, the ruling risks criminalizing policy decisions and undermining the constitutional separation of powers.”

Regarding ex parte subpoenas for classified material, petitioners argue that: “such actions bypass due process safeguards and intrude into the President’s exclusive constitutional domain, contrary to both Liberian jurisprudence and widely accepted democratic norms governing national security oversight.”

In conclusion, petitioners have requested re-argument of the December 18, 2025, ruling denying a writ of prohibition. The Supreme Court has granted the re-argument and is expected to re-hear the matter.

Petitioners stress that their filing “does not challenge the authority or integrity of the Supreme Court but respectfully asserts that the Court inadvertently overlooked controlling statutory provisions and constitutional doctrines central to the framework of Liberia’s national security governance.” -Edited by Othello B. Garblah.