— Over Persistent Non-Support Claims

By: Jacqueline L. Dennis

The presiding Chamber Justice of the Supreme Court, Yussif Kaba on Thursday, October 20, 2022, temporarily halted Judge Koiboi Nuta, referred as 1st respondent, to provide explanation over his recent mandate to Magistrate Jomah Jallah of the Monrovia City Court at the Temple of Justice to have Mr. Hans Armstrong, the petitioner arrested for allegedly refusing to pay persistent non- support money to his wife, Karel Clarke Armstrong, Known as 2nd respondent.

They are expected to appear before Justice Kaba on Wednesday October 26, 2022.

Mrs. Armstrong, the 2nd Respondent is represented by Counselor G. Wiefueh Alfred Sayeh, one of the lawyers who represented Senate Secretary Nanborlor Singbeh in the ongoing US$5million economic sabotage case.

The case was brought by Hans Armstrong against Singbeh. Cllr. Sayeh himself is also cited to Justice Kaba’s Chambers on October 26 for a conference as Judge Nuta.

Associate Justice Kaba’s conference decision was reached after the International Law Grouping, a law firm representing the petitioner, Hans Armstrong petitioned the Justice to place a prohibition to Judge Nuta’s alleged order that would have had Armstrong arrested, on Friday, October 21, and detained at the Monrovia Central Prison.

Justice Kaba is yet to issue the prohibition as prayed for by the law firm, instead, the Chambers Justice cited the law firm, Judge Nuta and Cllr. Sayeh, on the other side for a conference scheduled for Wednesday, October 26, at which time Justice Kaba would make a determination, as to whether or not to issue the writ of prohibition.

Justice Kaba’s order dated. October 21 reads, “By directive of His Honor Yussif D. Kaba, Associate Justice in Chambers, you are hereby cited to a conference with His Honor, on Wednesday, October 26, 2022, at the hour of 2 :30 pm, in connection with the above captioned case: Petition for Prohibition”

Judge Koiboi Nuta                                                                                                                      Hans Armstrong – British National

Also, Judge Nuta’s mandate for the arrest and detention of Armstrong to Magistrate Jallah, dated October 19, 2022 directs: “By directive of His Honor Koiboi Nuta, Resident Circuit Judge, Criminal Assizes ‘B’ Temple of Justice Capitol Hill, Monrovia, you are mandated to have defendant Hans Armstrong arrested, 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.”

Judge Nuta 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 petition argued.

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  or intimate partner.

“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 Cllr. 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 is that mandate Armstrong had not complied with. Interestingly, Sayeh’s Bill of Information was heard and denied by Magistrate Jallah on ground that Cllr. Sayeh had filed the divorce case to the Civil Law Court, on April 5, 2022, which makes his court to lack jurisdiction.

It was from that ruling, Cllr. 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 Cllr. 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, 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 Cllr. 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 noted “the motion to dismiss must be and is hereby granted.”