INTERPOL Steps into Lingering NLNG-Macobarb Contract Saga

Blessing Ibunge in Port Harcourt

The International Criminal Police Organisation (INTERPOL), Nigeria branch, has stepped into the complaint of alleged contract scam filed by a Nigerian company, Macobarb International, against the Nigeria Liquefied Natural Gas (NLNG) company and two of its staff, one presently retired.

The Inspector General of Police (IG) had directed the Interpol to step into the matter on the petition of Macobarb International and its Chief Executive Officer, Shedrack Ogboru, seeking the intervention of the Interpol based on alleged total neglect of the Rivers State Police Command to complete an investigation they had started as ordered by a Chief Magistrate Court in Port Harcourt.The complainants (Macobarb) had claimed that the failure of the police to submit a report had hampered further action by the court on a criminal charge brought upon the NLNG, its former Managing Director, Tony Atah and Akachukwu Nwokedi, its subsisting head of legal.

Recalled that the said court presided by Chief Magistrate Blessing Vic-Jumbo had ruled on March 15, 2022, that the Rivers State Police Command which had begun investigation on court order in a private prosecution ground and had asked the court then for many extensions of time, should have submitted its report to enable trial begin.

Vic-Jumbo, thus, struck out the case with a proviso that when the police submits their report, trial would begin.

In striking out the case, she said the condition for private prosecution was that the police must enter an indictment after an investigation.

She, however, recalled how her court did the right thing by issuing an order to the police to investigate the case but that despite several excuses on their part and court adjournments on their instance, the police still failed to submit report of their investigation. The police had actually initiated investigation as ordered by the court by inviting Macobarb to make a statement but the matter seemed stuck when it got to the turn of the NLNG and their accused staff.

The Chief Magistrate also expressed dissatisfaction in the situation where every other party had done its part but the police still failed to do its part of investigating the NLNG and two others. She clarified that the court was not to do the investigation.

Vic-Jumbo advised the complainants, Shedrack Ogboru and Macobarb International, to go by way of Order of Mandamus to compel the police to do their job and submit a report of their investigation, else, there was no case to continue in the criminal charge.

The main charge was that the NLNG, Tony Attah and Akachukwu Nwokedi were allegedly accused of ‘false pretenses, fraudulent tricks, and misrepresentations in a contract given to Macobarb International in 2014, one of its contractors.

The Chief Magistrate entered three different rulings that seemed to affect the actions of both Macobarb (complainants) and NLNG (defendants), though each party seems to interpret them in different ways

The court had on February 7, 2022, thrown out the preliminary objection filed by the NLNG group thus; “Consequent upon the foregoing, I hold that there is no merit whatsoever in the application to quash the Complaint and Summons issued even as there is no foundation on which to hinge the discharge of the Applicants/Defendants.” The court said it had no ground to quash the charge.

Ruling on motion on notice for leave to appeal and for stay of proceedings, the court ruled on Tuesday, March 15, 2022, thus: “I have carefully waited for the police to report back on the case referred to it for investigation even after the enlarged time has long elapsed. The Police has in fact ceased to appear before the Court. I therefore see no merit in allowing this cause to stagnate on my docket. Whenever the complainants are ready, they can always come back. For now, this complaints be and is hereby struck out for non-diligent prosecution. I make no further orders.”

Macobarb thus sees the rulings to mean that the police should complete the investigation they started and submit a report which would warrant them to return to court, while the NLNG team is believed to view the rulings as final victory and that there is no more case against them in the court and that the police should stand down instead of completing the investigation.

This also prompted the arrest of Macobarb on perjury charges for accusing the NLNG team of crime. Ogboru was arrested on July 8, 2022, by a team from the Legal Unit of the Police from Abuja but the lawyers to Macobarb fought to show that their client should remain the accuser, not accused, and that the order of the IG to Interpol to take over the investigation should rather be pursued. They have argued that investigation is not the duty of the Legal Unit, but prosecution especially in a matter that was still under investigation to determine the facts, whether true or not.

The IG had ordered the Interpol to step in and ascertain the facts of the matter so the police can reach a verdict that would be submitted to the court, after which it is expected any aggrieved party can press charges of perjury.

Interpol officials arrived in Port Harcourt long ago and may have contacted all the persons mentioned in the court case to allow independent investigation to be completed so the case could proceed.