Monrovia, January 22, 2026: The Clar Hope Foundation of former First Lady Clar Marie Weah has filed a motion requesting Presiding Criminal Court ‘A’ Judge Roosevelt Z. Willie to quash a writ of subpoena duces tecum issued against it.
On January 15, 2026, Judge. Willie issued a writ of subpoena to the management of the Clar Hope Foundation, specifically instructing the foundation to produce the list of its financial contributions and records.
However, the Foundation has publicly stated its openness and transparency, asserting that it “has nothing to hide” concerning the funding and construction of its institution in Marshall.
The Foundation, through its legal counsel, on Wednesday, January 21, 2026, filed a motion to quash the writ of subpoena duces tecum.
This writ was issued at the request of the Asset Recovery and Property Retrieval Task Force, which sought to compel the Foundation to produce documents related to its construction project.
The motion argues that the subpoena lacks subject matter jurisdiction and legal authority, as there is no pending judicial action or proceeding before the court.
According to the Foundation’s management, represented by Manager Jackson P. Gbamie, the motion to quash was submitted to uphold due process and constitutional rights under Liberian law.
The Foundation emphasized that its legal actions should not be interpreted as an attempt to avoid accountability or hide information. Instead, they maintain that all parties, including the government, must adhere to the rule of law and follow established judicial procedures.
The motion highlights that Liberia is governed by laws, not by “conjecture, political maneuvers, or intimidation.”
The Foundation warns that allowing broad investigative powers without proper jurisdiction or oversight could set a dangerous precedent for private citizens and nonprofit organizations in the future.
The Foundation’s legal team argues that, under Liberian law, subpoenas (whether ad testificandum or duces tecum) are ancillary processes that can only be issued in support of an active judicial proceeding.
They cite Section 14.1 and Section 14.2 of the Civil Procedure Law, which define and limit the issuance of subpoenas to cases where an action is pending before the court.
Similarly, Section 17.3 of the Criminal Procedure Law allows for subpoenas only when a criminal action is already underway.
The legal challenge further invokes Article 21(h) of the 1986 Constitution of Liberia, which guarantees that no person shall be compelled to provide evidence or testimony against themselves and that all individuals are presumed innocent until proven guilty.
The Foundation asserts that compelling production of documents in the absence of a legal case constitutes coerced evidence gathering, violating constitutional protections.
The Foundation’s attorneys, Cllr Jonathan Massaquoi and Atty Walma Blaye Sampson, argued that the state cannot use judicial power as an investigative shortcut without due process and jurisdiction.
They maintain that the Criminal Court “A” lacks the authority to enforce the subpoena since no charge or case has been brought against the Foundation.
The Foundation concludes by respectfully requesting the court to: Quash and set aside the writ of subpoena duces tecum for lack of jurisdiction; Discharge the Foundation from any obligation to appear or produce documents based on the writ; Declare that compulsory process may only issue when a proper action is pending before a competent court; and grant any further relief the court deems just and equitable.
In its official statement, the Clar Hope Foundation reiterates its dedication to transparency, legality, and institutional integrity. It assures the public and the court that it is not seeking to evade scrutiny but is instead standing for the principle that lawful process and judicial oversight must guide all inquiries, especially those with significant implications for civil society and private institutions in Liberia. -Edited by Othello B. Garblah.
