By Jerromie S. Walters
MONROVIA, LIBERIA – The Management of the Clar Hope Foundation has filed a formal Motion to Quash a Writ of Subpoena Duces Tecum, issued at the request of the Assets & Property Retrieval Task Force, chaired by Cllr. Edwin K. Martin. The motion, filed by the International Law Group, LLC, argues the court lacks fundamental jurisdiction to enforce the subpoena, setting the stage for a ruling on the proper use of compulsory legal process.
The Foundation’s legal team, led by attorneys Welma Blaye Sampson and Jonathan T. Massaquoi, asserts a foundational defect in the subpoena: there is no pending legal action before the court. The motion contends that a subpoena—an order to produce documents—is an “ancillary process” that can only exist in support of a live lawsuit or criminal case.
“A court cannot exercise compulsory process in a vacuum,” the filing states, citing Liberia’s Civil Procedure Law. It argues that without a filed complaint, indictment, or petition naming the Foundation as a party, the court has no subject-matter jurisdiction to issue the order.
The motion elevates the challenge beyond procedural technicalities, invoking Article 21(h) of Liberia’s 1986 Constitution, which protects against self-incrimination and presumes innocence. The lawyers argue that forcing the disclosure of broad financial and donor records without any formal charge transforms the court into an “investigative shortcut” for the executive branch, violating due process.
“The Constitution does not permit the State or any of its instrumentalities to invoke judicial power as an investigative shortcut, absent due process and jurisdiction,” the document reads.
Furthermore, the Foundation characterizes the subpoena as an “impermissible fishing expedition.”Even if jurisdiction existed, the motion claims the request is overbroad, oppressive, and fails to specify the relevance of the demanded documents to any defined legal issue.
This motion touches on a critical balance of power in governance: the distinction between the judiciary’s adjudicative role and the executive’s investigative function. The Foundation’s position is that the Assets & Property Retrieval Task Force, an executive body, is improperly using a court order to conduct its investigation, bypassing the need to first establish a prima facie case before a judge.
Howbeit, the subpoena requested the Foundation’s general manager, Jackson P. Gbamie, to produce documents. The Task Force has not publicly detailed the specific nature of its investigation into the NGO.
The First Judicial Circuit, Criminal Court “A” in Montserrado County recently granted the government’s Assets & Property Retrieval Task Force a subpoena compelling the Clar Hope Foundation to produce all records of its funding and construction. The order, signed by Presiding Judge Roosevelt Z. Willie, commands the foundation’s management to appear in court on January 23, 2026, with detailed donor lists, contribution amounts, and financial documents.
The Foundation, established by former First Lady Clar Marie Weah in June 2018—the same year her husband assumed the presidency—has since vehemently rejected the investigation. In a statement in November of last year, it denounced the probe as a “politically motivated” attack designed to “malign the hard-earned reputation of Mrs. Weah” and cloud her humanitarian legacy.
Clar Hope Foundation is ordered to produce copies of records pertaining to: • All funds received from individuals and government institutions for the construction of the foundation. • A complete list of institutions that made donations towards the construction, including the amounts contributed. • The specific amounts presented to the foundation. • The locations, telephone numbers, and addresses of all contributing parties.
The state is seeking clarity on how the organization financed its building projects. Clar Hope Foundation has not yet commented on the court’s action.
