A Rivers State High Court, presided over by Hon. Justice Letam Nyordee, hearing the case of a Deputy Chief Registrar of the Federal High Court, Awka Division, Mrs Nkem Mba, on Monday, the 21st day of November, 2022, struck out the 3-count charge filed against her by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Upon the close of the prosecution’s case, the defendant’s counsel – Sammie Somiari, SAN, had raised a no case submission, contending that the prosecution had failed to show a prima facie case, linking the defendant with the charges against her.
He argued that a review of the bank statement tendered by the prosecution to show that the defendant received money from the PW2 showed that on the day the prosecution alleged that the PW2 paid money to the defendant, there was no credit inflow into her account by the PW2.
It was also pointed out that the evidence of the PW4 confirmed to the Court, the position that by virtue of Order 16, Rule 4(2) of the Admiralty Jurisdiction Procedure Rules, 2011, an Admiralty Marshall (Substitute) was entitled to 2% of the sale pursuant to admiralty executions, to cover the expenses incurred.
After the adoption of the addresses by both counsel, the matter was adjourned to Monday, November 21, 2022 for ruling on the no case submission.
In delivering its ruling, the Court agreed with the submissions of the defence counsel that the prosecution had failed to disclose a prima facie case against the defendant, pursuant to Section 309 of the Administration of Criminal Justice Law of Rivers State, 2015.
The Court proceeded to strike out the 3-count charge against the defendant, and accordingly discharged and acquitted her.
Mrs. Nkem Mba who had served the Federal High Court for 21 years, is the most senior Deputy Chief Registrar of the Federal High Court, and was in line to be promoted to the position of Chief Registrar upon the elevation of Mr. Emmanuel Garko (now Justice Emmanuel Garko) as a judge in May, 2022.
The curious timing and the trumped-up charges by the ICPC was allegedly perfected to deny her the exalted position which she was duly qualified to occupy.
The position of the Chief Registrar has now been allocated to Hassan Amida, a Deputy Chief Registrar from the Court of Appeal who hails from the North Central geo-political zone. (barristerng.com)
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