MONROVIA — Criminal Court “A” Judge Roosevelt Z. Willie has reserved ruling on a motion seeking to quash a Subpoena Duces Tecum issued against the Clar Hope Foundation, as legal tensions deepen over an ongoing investigation by the Assets Recovery and Property Retrieval Taskforce (AREPT).
The ruling, which will be delivered “on assignment,” follows arguments presented Tuesday by lawyers for the Foundation and counsel representing the Government of Liberia.
At the center of the dispute is a January 15, 2026 subpoena requiring the Clar Hope Foundation to produce detailed financial records, including documentation of all funds received from individuals, institutions, and government agencies, along with donor identities and related operational records.
Defense Challenges Jurisdiction, Constitutionality
Lawyers representing the Foundation argued that the subpoena violates constitutional protections under the 1986 Constitution, particularly the right against self-incrimination. They further contended that the court lacks subject matter, personal, and territorial jurisdiction over the matter.
The defense urged Judge Willie to quash the subpoena, deny the government’s resistance to the motion, and dismiss the case entirely.
The Foundation has maintained that it is a humanitarian institution, established to support vulnerable children and elderly citizens. However, in recent months, it has come under heightened public scrutiny amid allegations of financial impropriety—claims that remain unproven.
Government Insists on Compliance
In response, government lawyers, acting on behalf of AREPT, described the Foundation’s motion as “baseless” and legally unsustainable. They asked the court to compel the organization to comply fully with the subpoena or face possible contempt proceedings.
AREPT informed the court that its investigation began following allegations that public assets may have been diverted for private use. According to the Taskforce, the Foundation’s General Manager, Jackson Paye Gbamie, appeared before investigators on November 17, 2025, accompanied by legal counsel, and submitted a written statement.
The Taskforce emphasized that the subpoena is part of its lawful mandate to trace and recover suspicious or misappropriated public resources.
Broader Investigation
The court’s involvement stems from a petition filed by Cllr. Edwin K. Martin, Chairman of AREPT, a body established to investigate and retrieve allegedly stolen or improperly converted public assets.
In recent weeks, the Clar Hope Foundation has been at the center of intense public debate. Speculation and allegations circulating in political and media circles have linked the investigation to broader questions about financial transparency and possible misuse of funds. No criminal conviction or formal charges have yet been announced against the Foundation.
Legal analysts note that the case could test the balance between investigative authority and constitutional safeguards, particularly regarding document production and the scope of judicial power in pre-trial investigations.
Judge Willie’s pending decision is expected to determine whether the Foundation must turn over the requested financial records or whether the subpoena will be invalidated on constitutional or jurisdictional grounds.
The ruling could also set an important precedent for how Liberia’s courts handle document subpoenas in high-profile asset recovery investigations.
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