By: G Bennie Bravo Johnson, I
Monrovia: State prosecutors have requested Chief Justice Sie-A-Nyeneh Yuoh to step down from presiding over the high-profile economic sabotage case involving former Finance Minister Samuel D. Tweah and four other ex-officials. The motion, filed before the Supreme Court’s full bench, argues that Justice Yuoh, who turned 70 on June 26, has constitutionally retired and can no longer hear new cases.
Their request comes four months after the Supreme Court issued a stay and convened a conference in response to a prohibition writ filed by Tweah and his Co-defendants. But the case has been set for hearings on Tuesday, July 1, 2025, at the draw down of the Court’s March term. In a motion filed with the Supreme Court, prosecutors argued that Chief Justice Yuoh reached the constitutional retirement age of 70 on June 26, 2025, and is therefore no longer legally qualified to preside over newly filed cases.
The case is scheduled for hearing on July 1, 2025, at 11:00 a.m., according to a notice of assignment issued by the clerk of the High Court Article 72(b) of the 1986 Constitution of Liberia, provides that: “The Chief Justice and Associate Justices of the Supreme Court and Judges of subordinate courts of record shall be retired at the age of seventy; provided, however, that a Justice or Judge may continue to perform judicial duties for so long as may be necessary, in the opinion of the Chief Justice, to conclude any matter pending before him or her at the time of retirement.”
While Article 72 further provides that a Justice or Judge may continue to perform judicial duties for so long as may be necessary, in the opinion of the Chief Justice, to conclude any matter pending before him or her at the time of retirement, the prosecution averred that Chief Justice Yuoh is only allowed to conclude cases already heard and pending before her as of her retirement date, intimating that she is constitutionally barred from hearing new matters filed thereafter.
“Justice Yuoh may conclude cases already pending before her as of her retirement date, she is constitutionally barred from hearing new matters filed thereafter.” The prosecution averred that Former Finance Minister Samuel D. Tweah and others are on trial for charges that include economic sabotage, fraud, misuse of public funds, theft, money laundering, criminal facilitation, and conspiracy, involving unauthorized transfers exceeding L$1 billion and US$500,000.
The legal team of the former Finance Minister in February 2025 filed a motion to dismiss. They claimed immunity under the National Security Council, but was rejected by Judge Willie, who ruled that the National Security Reform and 1Intelligence Act doesn’t provide blanket immunity for public fund issues .
The defense objected to the ruling and took the judge on certiorari to the Supreme Court.
The high court in March 2025, through the Chamber Justice – Associate Justice Ceaineh ClintonJohnson granted an alternative writ of prohibition, pausing the trial court and requesting a government response by March 20, with a conference held on March 10, and subsequently to the full bench of the Supreme Court.
Meanwhile, the motion to disqualify the outgoing Chief Justice from hearing the case has been termed by legal experts as a broader request to delay proceedings in the alleged economic sabotage case; as the sitting of the newly appointed Chief Justice – will be at the start of the next term of court.
