-Judge Orders Foundation to Produce Financial Records Within One Week; Appeal Announced
MONROVIA, Liberia — Criminal Court “A” at the Temple of Justice has denied a Motion to Quash a Writ of Subpoena Duces Tecum filed by the management of the Clar Hope Foundation, ordering the institution to produce financial and administrative records requested by state investigators within one week.
In a ruling delivered Tuesday, February 24, 2026, Resident Circuit Judge Roosevelt Z. Willie directed the Clar Hope Foundation, through its Managing Director, Mr. Jackson Paye Gbamie, to submit all documents outlined in a petition filed by the Assets Recovery and Property Retrieval Taskforce (AREPT).
The court ordered that the records be produced between Tuesday, February 24, 2026, and Monday, March 2, 2026, on or before 4:00 p.m. Shortly after the ruling, the Foundation announced its intention to appeal to the Supreme Court of Liberia.
Court Rejects Self-Incrimination Argument
The Foundation had sought to quash the subpoena on constitutional grounds, arguing that compliance would violate protections against self-incrimination guaranteed under Article 21(h) of the 1986 Constitution of Liberia.
However, Judge Willie rejected that argument, holding that the subpoena does not infringe upon constitutional rights because Mr. Gbamie is not the subject of the investigation but is instead a third-party custodian of the requested records.
According to the court, the investigation centers on allegations that former First Lady Clar Weah used government resources to construct the Clar Hope Foundation and subsequently converted it to private use.
The judge ruled that the Foundation’s management cannot invoke self-incrimination protections when the inquiry is directed at another individual.
“This is where the rights of the individual are subordinated to the rights of the State and its people,” Judge Willie stated in his decision.
Reliance on Supreme Court Precedent
In reinforcing his ruling, Judge Willie cited the Supreme Court’s decision in H. Varney Sherman and Sherman & Sherman, Inc. v. The Republic of Liberia, a case in which commercial banks were compelled to produce financial records during a bribery investigation.
The High Court had previously held that a subpoena duces tecum may be issued even when no formal case is pending before the court, particularly within the framework of an ongoing criminal investigation.
Judge Willie emphasized that requiring a fully instituted case before issuing such a writ could frustrate investigative efforts and create opportunities for evidence to be concealed or destroyed.
Jurisdiction Affirmed
The court further affirmed its jurisdiction to entertain the petition filed by AREPT and to issue the subpoena as part of its authority to support criminal investigations.
With the motion denied, the Clar Hope Foundation is now under court order to comply within the specified timeframe, unless the Supreme Court intervenes following the announced appeal.
The ruling marks a significant development in the ongoing asset recovery investigation and underscores the judiciary’s position on the enforceability of subpoenas in criminal inquiries.
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