By: Jacqueline L Dennis

The presiding Chamber Justice, Yussif D. Kaba of the Supreme Court of Liberia on Wednesday November 9, withdrew Criminal Court “B” Judge, Korboi Nuta’s arrest and detention order against Hans Armstrong, a British national.

Judge Nuta, had earlier ordered the arrest of Armstrong, on grounds of his alleged refusal to pay some money for persistent non-support claims made by his wife Karen Clarke Armstrong.

The both parties were expected to have appeared before Associate Justice Kaba, on October 26, 2022, but the hearing into the case were postponed to November 9, 2022.

Mrs. Armstrong through her lawyer G. Wiefueh Alfred Sayeh, in 2015 filed a divorce case against her husband Hans Armstrong, but abandoned the case until 2021 when he resurrected the case before Judge Nuta, in a civil matter that currently before the Civil Law Court.

Associate Justice Kaba’s decisions comes after holding a closed door conference between both parties, Mrs. Armstrong Legal Counselor Sayeh and Mr. Armstrong lawyers of the International Law Grouping.

During the closed door conference, Karen Clarke herself did not attended the hearing likewise Judge Nuta. Both of whom were expected to be a part of the hearing.

However, it was based on Cllr. Sayeh’s request that Judge Nuta issued the order to have Armstrong arrested and detained, until he could pay to Judge Nuta, the support money to his Armstrong’s wife, Karen Clarke Army.

Criminal Court ‘B’ Judge Korboi Nuta

It was not clear why Judge Nuta and Karen Clarke did not show up during the conference. When Justice Kaba quizzed Karel lawyer Sayeh the whereabouts of his client Karel Clarke’s he (Cllr. Sayeh) could not give any clear information on his client.

Besides, Cllr Sayeh could not answer a question asked by Justice Kaba, about why he left the divorce case he filed in 2015, on behalf of Karen Clarke against her husband Armstrong, before reinitiating it in 2021 and requesting support for Karel Clarke.

It was revealed that Judge Nuta’s mandate for the arrest and detention of Armstrong to Magistrate Jallah, dated October 19, 2022, it directs: “By directive of His Honor Korboi Nuta, Resident Circuit Judge, Criminal Assizes ‘B’ Temple of Justice Capitol Hill, Monrovia, you are mandated to have defendant Hans Armstrong arrest, detained and be brought to this Court on or before Friday, October 21, 2022, to show cause, if any, why he should not honor his obligation of support, prior to the institution of the Divorce proceedings before the Civil Law Court.”

According to the petitioners “Judge Nuta illegally issued an arrest order against the petitioner, for allegedly refusing to pay maintenance and support for his wife, despite, the fact that she has filed Divorce Action along with Petitioner for Alimony pendent Lite, which provides for the same maintenance, and support during pendency of the divorce action,” the law firm argued.

The Law firm claimed, while a divorce action still pending Armstrong’s wife left the marital home and fled to the Republic of Ghana, where she now resides with a new paramour and has borne two

(2) Children for the said new boyfriend (lover) or intimate.

“On the basis of these adulterous acts, the motion for alimony pendite lite still remains in abeyance,” the petition adds.

Judge Nuta involvement resulted when Sayeh filed a Bill of Information before Magistrate Jallah, to the effect that his predecessor ruling, now Judge Kennedy Peabody, in 2021 ruled and mandated Armstrong to pay US$300 as monthly support to his wife, but that mandate Armstrong had not complied with. Interestingly, Sayeh’s bill of information was heard and denied by Magistrate Jallah on ground that Sayeh had filed the divorce case to the Civil Law Court, on April 5, 2022, which makes his court to lack jurisdiction, the petition claimed.

The petition point out that, it was from that ruling, Sayeh decided to take Magistrate Jallah on Summary Proceedings before Judge Nuta, based on which Judge Nuta reversed Magistrate Jallah’s ruling and subsequently mandated him to arrest and detain Armstrong.

The law firm, in its petition argued, “Judge Nuta had acted prohibitory by ordering the arrest of Armstrong for alleged refusal to pay persistence non-support for his adulterous wife, who is currently with another man in the Republic of Ghana and has blessed the new partner with two children.”

“Although, maintenance and support action is legally and properly before the Civil Law Court, which is the alimony pendite lite, Judge Nuta is still pursuing persistence non-support action against Armstrong in these proceedings,” the law firm argued, adding, “In this jurisdiction, one cannot pay alimony pendite during the pendency of divorce proceedings and at the same time pay persistence non-support.”

Conduct hearing and thereafter grant the peremptory writ, prohibiting, enjoining and undoing all of the illegal acts of Judge Nuta who had ordered the arrest of Armstrong and to have the petitioner detained at the Monrovia Central Prison until the purported support is paid,” the law firm noted.

It all started in 2021, when Sayeh on behalf of Karel Clarke Armstrong, filed a complaint for persistence non-support at the Monrovia City Court, then presided over by Judge Kennedy Peabody, who by then was serving as a Magistrate.

Interestingly, Sayeh filed his lawsuit immediately after the government indicted Singbeh for economic sabotage, in 2020, knowing that Karel and her husband have been separated since 2016.

According to the court records, while the persistence non-support action was still pending before Magistrate Kennedy, Sayeh filed another case, An Action of Divorce for Incompatibility for Temper, alone with a Motion for Suit Money, and a Petition for Alimony Pendite Lite, all before the Civil Law Court.

The record said, the petition for suit money was heard and Hans Armstrong was ordered to pay the amount of US$6,000 which he had complied with, and paid since May of 2022.  The alimony and the divorce action are still pending undecided with the court.

Further to the petition, the law firm claims, while the divorce action still pending Armstrong’s wife left the marital home and fled to the Republic of Ghana, where she now resides with a new paramour and has borne two (2) children for the said new boyfriend (lover) or intimate partner.

“On the basis of these adulterous acts, the motion for alimony pendite lite still remains in abeyance,” the petition adds.

Again, the Law Firm argued, Sayeh, knew that he had filed the persistence non-support suit prior to the institution of the divorce suit, but Sayeh proceeded and filed a Bill of Information before Magistrate Jallah.

Besides, Sayeh, on May 20, 2021 also filed a lawsuit against Hans Armstrong before the Debt Court, demanding payment for accrued support from Armstrong, which was Hans’ obligation to make the payment of US$300 monthly as persistence non-support to Karel, as was ruled by Magistrate Peabody.

In counter argument, Hans said, since Sayeh failed to proffer a promissory note or something obligating himself to make the US$300 monthly payment, the matter remains a persistent non-support, which is cognizing only before the Magisterial Court making the order, and not the Debt Court.

In his ruling, on August 4, 2021, Judge James Jones said, “In the mind of the court, the matter remains cognizable before the Magistrate of the City Court who gave the order in the first place.”

“This Court says, it is only after the defendant makes a promissory note or otherwise obliges himself in writing that this Court may exercise jurisdiction,” adding, Judge Jones, “the motion to dismiss must be and is hereby granted.”