N4.2bn Contract Saga: Court Dismisses NLNG Motion to Suspend Hearing

Blessing Ibunge in Port Harcourt

A Rivers State High Court sitting in Port Harcourt has dismissed a motion instituted by the Nigeria Liquefied Natural Gas (NLNG) seeking to stop the hearing of the substantive matter in the case filed by Macobarb international Limited, a contractor.

Macobarb had filed a civil matter in Suit No. PHC/2013/CS/2022, before Justice Chinwendu Nwogu, claiming N4.2 billion for losses incurred in a contract it had with NLNG in 2014.

The NLNG in defense, had filed a motion that the case was filed out of time and that the Chief Executive Officer of Macobarb, Mr. Shedrack Ogboru, should not be a party in the suit.

The NLNG filed an appeal at the Appeal Court in Port Harcourt, but brought the motion to stop any hearing at the High Court pending outcome of the appeal.

Macobarb countered it at the last hearing and the judge fixed June 20, 2023 for ruling of the motion by NLNG.

When the matter was mentioned for ruling yesterday, Mr. Chukwuemeka Akwuroha, led the team of lawyers from the NLNG while Mr. Joshua Ene, who was represented by Mr. Morrison Uzoma, lead counsel for Macobarb.

Delivering his ruling, Justice Nwogu dismissed the NLNG motion on the ground that the interlocutory ruling which led to the interlocutory appeal should be appealed together with the substantive ruling when it will come.

Justice Nwogu explained that an interlocutory appeal should not stop hearing in the substantive matter, but that such appeals should wait till final judgment so all appeals can be heard same time.

The Judge gave the ruling based on Supreme Court positions on several cases especially the case of Amadi vs NNPC.

He said allowing the NLNG kind of motion would definitely lead to the same outcome.

For the interest of justice, the Judge discountenanced the motion and urged both parties to proceed with the hearing, adding that any party that eventually disagreed with the eventual judgment and/or on any interlocutory ruling along the way could join all objections and file one appeal.

Justice Nwogu however, adjourned the case till fixed July 19, 2023 for hearing.

An elated Ogboru, who witnessed the hearing in the court, told journalists that with the ruling, he would have a chance to place the facts of the matter in a court of competent jurisdiction since 2014 when the contract was awarded.

He said “This is a landmark ruling for Macobarb for the interest of justice. I executed the job, borrowed money from banks, but each time it was time to pay me, four signatories would sign but one would decline signature, and I would not be paid.

“This went on for years. This is what some people don’t want the court to hear.”