NACC DRAFT LAW

Issued May 6, 2026
About This Document

The National Anti-Corruption Court Act, formally titled "An Act Adopting a New Title 17(a) of the Liberian Code of Laws Revised, to Establish a National Anti-Corruption Court, Define Acts Constituting Corruption, and Provide Penalties for the Commission Therefor," is a draft legislative instrument prepared for enactment by the Senate and House of Representatives of the Republic of Liberia, currently awaiting approval and publication, that draws its constitutional authority from Articles 29 and 34 of Chapter V of the 1986 Constitution of Liberia which vest in the Legislature the power to enact criminal legislation, create specialized courts, and constitute courts inferior to the Supreme Court, and is further grounded in Joint Resolution 001/2024, Executive Order No. 131, the recommendations of the Truth and Reconciliation Commission, and Liberia's obligations under the United Nations Convention Against Corruption (UNCAC) ratified in 2005 and other international conventions on the prevention and elimination of corruption, with the overarching justification being that corruption, illicit enrichment, and unethical conduct are menaces that violate citizens' rights to equality, dignity, and access to public services including health, education, and justice, and that the existing court structures and criminal laws of Liberia are inadequate and lack the capacity to effectively combat these threats, thus requiring the creation of a separate and distinct judicial body with extraordinary powers and special procedures. The Act establishes the National Anti-Corruption Court (NACC) as a new Title 17(a) of the Liberian Code of Laws Revised, making it a standalone statute with primacy over all other laws on corruption matters, save the Constitution, and giving the NACC primacy over all other courts in Liberia in corruption-related cases, meaning any court currently hearing a case with elements of corruption shall transfer it to the NACC as a matter of law. The NACC is to be structured as a national court system operating throughout the Republic with regionalization as the Legislature determines, with each court comprising a panel of three judges including a Chief Judge appointed by the President after a vetting process involving the Liberian National Bar Association, the Ministry of Justice, the Judicial Inquiry Committee, the Louis Arthur Grimes School of Law, and the Liberia Anti-Corruption Commission, with each judge required to be a licensed attorney in good standing, a counselor-at-law for at least five years, having argued at least five cases before the full bench of the Supreme Court, and certified after completing a special anti-corruption training program at the James A.A. Pierre Judicial Institute, and all appeals from the NACC shall go directly to the Supreme Court. The Act defines corruption comprehensively as the abuse of entrusted power for personal or private gain, and establishes four specific categories of criminal corruption, petty corruption, committed by junior or mid-level officials engaging in minor improper conduct such as accepting small gifts, punishable as a first-degree misdemeanor with fines, restitution, and up to one year imprisonment; grand corruption, committed by senior-level officials whose conduct by commission or omission results in significant diversion or control over political or economic systems, graded as a felony of the first degree punishable by up to ten years if it does not deprive the public of the subject matter, or between fifteen and twenty years if it does, with senior government officials permanently barred from public office pending any Supreme Court appeal; judicial corruption, where a judge engages in dishonesty or misuse of power including latent bias, punishable by ten to fifteen years imprisonment and permanent bar from public office; and police corruption, where a senior officer receives bribes, selectively pursues or abandons investigations for personal gain, or falsifies evidence, punishable by ten to thirteen years and permanent bar from public office. The Act also notably reverses the standard presumption of innocence in corruption cases, placing the burden on the accused to counter a reasonable belief that they committed the act alleged, and restricts affirmative defenses except in limited circumstances where the defense is based on facts peculiarly within the knowledge of the defendant. A standalone Office of the National Anti-Corruption Prosecutor (NAP) is established as the exclusive body responsible for indicting and prosecuting corruption offenses before the NACC, with the NAP appointed by the President with Senate consent for a fixed three-year term renewable once, requiring at least ten years of legal practice including experience in criminal or financial crimes, and the NAP is empowered to subpoena documents and witnesses, freeze assets subject to judicial authorization, enter into plea bargains with court approval, and initiate contempt proceedings, while being subject to the Code of Conduct for public officials and removal only for cause through a special inquiry body. All cases before the NACC are to be tried exclusively by judges sitting without a jury, with persons charged with grand corruption, judicial corruption, or police corruption not entitled to bail as these are classified as grave offenses, while those charged with petty corruption may be admitted to bail with half the bond amount in liquid assets. The NACC is to be funded through a dedicated, mandatory, and non-discretionary budget line in the national budget appropriated annually by the Legislature, which cannot be reduced or withheld except by legislative act and only in cases of national fiscal emergency, with the General Auditing Commission conducting independent audits of the NACC's finances, and the court is granted full administrative autonomy over staffing, procurement, and case management, with the Chief Judge serving as the administrative head, and resources mandated for modern case management systems, anti-corruption training, security for judges and witnesses, and public outreach including publication of judgments. The Act also recognizes corruption as a violation of human rights, grants Civil Society Organizations standing to participate in proceedings as amicus curiae or as parties in public interest matters, empowers the NACC to order restitution, asset recovery, and reparations for collective harm caused by systemic corruption, and takes effect immediately upon publication into handbills, superseding any contrary law.

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Document Details
  • Issued May 06, 2026
  • Published May 09, 2026