-Clar Hope Foundation to Appeal Ruling on Subpoena

By Jerromie S. Walters & Vaye A. Lepolu

MONROVIA — The Clar Hope Foundation, the charitable organization associated with the City of Hope Academy (CHF), has announced it will appeal recent court ruling that denied its motion to quash a subpoena duces tecum. In a statement released Tuesday, the Foundation confirmed it has instructed legal counsel to file an appeal with the Supreme Court of Liberia. 

The organization emphasized that the legal challenge is not an attempt to evade scrutiny, but a defense of constitutional principles. “We respectfully disagree with the ruling and have instructed our lawyers to file an appeal to the Supreme Court of Liberia. This appeal is not about hiding anything. It is about ensuring that the Constitution of Liberia is respected and that government power is exercised properly and fairly,” the Foundation stated. 

The subpoena, issued as part of an ongoing inquiry, compelled the Foundation to produce certain documents. After the lower court refused to set aside the request, the Foundation moved to escalate the matter to the nation’s highest court.

Officials from the Clar Hope Foundation maintained that their operations have always been conducted in good faith and within legal boundaries. They argued that the establishment of philanthropic initiatives by First Ladies is a global norm, not a basis for suspicion.

“Around the world, First Ladies engage in social and humanitarian work for the benefit of their countries,” the statement read. “That has always been the purpose of the Clar Hope Foundation, to serve vulnerable communities, support children and families, and contribute positively to national development.”

The Foundation pushed back against what it described as an automatic presumption of misconduct surrounding public figures involved in charity work. “The mere existence of such a foundation should not automatically create suspicion or a presumption of misuse of public funds,” the statement added. “Service to country must not be mistaken for wrongdoing.”

While acknowledging the legal proceedings, the Foundation stressed that its mission remains focused on humanitarian aid. Leaders of the organization expressed confidence in the judiciary’s ability to weigh the constitutional questions at hand.

“The Clar Hope Foundation will see this process through, not out of defiance, but out of respect for the rule of law,” the statement continued. “The Constitution protects every citizen and institution equally.”

As the case moves to the Supreme Court docket, the Foundation pledged to comply with any final ruling that adheres strictly to constitutional mandates. In the interim, officials confirmed that their social programs and community outreach efforts will continue without interruption. “The Clar Hope Foundation will continue its humanitarian mission with integrity, transparency, and unwavering commitment to the Liberian people,” the organization concluded.

On  February 24, 2026, Criminal Court “A” denied a writ seeking to quash a Subpoena Duces Tecum filed by the Clar Hope Foundation, while simultaneously ordering the foundation to produce all documents requested by investigators within one week.

Delivering the ruling, Resident Circuit Judge Roosevelt Z. Willie held that the motion to quash the subpoena lacked merit and affirmed the authority of the court to compel the production of documents relevant to an ongoing criminal investigation by the Asset Recovery and Property Retrieval Taskforce (AREPT).

According to the court, the Clar Hope Foundation, through its Managing Director, Mr. Jackson Paye Gbamie, had already been informed as early as January 20, 2026, to prepare and submit the requested documents. Judge Willie noted that the foundation had sufficient time to comply and therefore ordered that all documents be produced between Tuesday, February 24, and Monday, March 2, 2026, on or before 4:00 p.m.

In addressing claims of constitutional violations, particularly the right against self-incrimination under Article 21(h) of the 1986 Constitution, the court relied on the Supreme Court’s landmark decision in H. Varney G. Sherman and Sherman & Sherman, Inc. v. Republic of Liberia. In that case, commercial banks were compelled to release banking records as third-party custodians of funds under investigation, despite objections grounded in privacy and self-incrimination.

Judge Willie ruled that the same principle applies in the present case, noting that Mr. Gbamie is not the subject of the investigation but merely a custodian of assets and records linked to the Clar Hope Foundation. The investigation, the court emphasized, focuses on allegations that former First Lady Clar Weah used public funds and resources to construct the foundation and later converted it to private use.

“The issue of self-incrimination does not arise where the person ordered to produce documents is not the one being investigated,” the court stated, adding that constitutional rights, while protected, are not absolute and may be subordinated to the broader interests of the State and its people.

The court further described the Clar Hope Foundation as a third party of interest whose records are necessary to assist investigators in tracing the source of funds used in the construction of the foundation. As such, the issuance of the Subpoena Duces Tecum was found to be lawful and consistent with established jurisprudence.

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