James T. Brooks
Monrovia – Criminal Court ‘A’ has ordered the Clar Hope Foundation to turn over its financial and administrative records to the Asset Recovery and Property Retrieval Taskforce (AREPT) within one week. In a ruling delivered Tuesday at the Temple of Justice, Judge Roosevelt Z. Willie rejected a motion by the foundation’s lawyers to quash a writ of subpoena duces tecum, affirming the authority of investigators to obtain documents relevant to an ongoing criminal inquiry.
The order directs the foundation, through its management and General Manager Jackson Paye Gbamie, to produce all financial records, transaction documents, and materials related to the construction and operations of the organization. The court-mandated deadline for compliance begins Tuesday, February 24, 2026, and concludes on Monday, March 2, 2026, at 4:00 p.m. Judge Willie warned that compliance is mandatory and emphasized that failure to adhere to the directive could result in serious legal consequences.
In his opinion, Judge Willie addressed the foundation’s primary argument that producing these documents would violate constitutional protections against self-incrimination. The court rejected this claim by citing the Supreme Court’s landmark decision in H. Varney G. Sherman and Sherman & Sherman, Inc. v. Republic of Liberia, which upheld the issuance of subpoenas for records held by third parties during corruption investigations.
Judge Willie reasoned that Mr. Gbamie, in his capacity as General Manager, serves as a “third-party” custodian of records rather than the principal subject of the investigation. The court noted that the inquiry centers on allegations that former First Lady Clar Weah may have used her office to obtain government resources through the Ministry of Finance to construct the foundation and subsequently converted it to private use. Consequently, the judge ruled that Mr. Gbamie cannot claim a violation of constitutional rights against self-incrimination because he is not the individual being investigated.
The court further clarified that while constitutional rights are fundamental, they are not absolute and may be subordinated to the broader interests of the state during criminal investigations. Citing Associate Justice Philip A.Z. Banks III, Judge Willie emphasized that statutory laws recognize limits on individual rights when necessary for the protection and survival of the state’s legal framework.
AREPT is currently investigating alleged financial improprieties and the possible misuse of public resources connected to the establishment of the Clar Hope Foundation. State prosecutors argued in court that the requested documents are critical to establishing the source of the foundation’s funding and determining whether public assets were improperly diverted for private gain.
While defense lawyers contended that the subpoena was overly broad and infringed on constitutional guarantees, the court maintained that the materials are essential for the proper administration of justice. It is important to note that, as of this ruling, no formal criminal charges have been announced against the former First Lady in connection with this matter.
In a statement issued shortly after the ruling, the Clar Hope Foundation expressed its respectful disagreement with the court’s decision and announced its intention to appeal to the Supreme Court of Liberia. The foundation maintained that its appeal is not an attempt to hide information but a necessary step to ensure that the Constitution is respected and that government power is exercised fairly.
“Service to country must not be mistaken for wrongdoing,” the foundation stated, noting that many public figures globally operate charitable organizations. “The mere existence of such a foundation should not automatically create suspicion or a presumption of misuse of public funds.”
The foundation’s management reiterated its commitment to the rule of law and the humanitarian mission of serving vulnerable communities. While they prepare for a high court review, they emphasized that they stand ready to comply with any lawful process carried out in full accordance with the Constitution, pledging to continue their work with integrity.
Comments are closed.