N5bn Contract: Macobarb Tenders 37 Documents in Suit against NLNG

Blessing Ibunge in Port Harcourt

The Managing Director of Macobarb International Limited, Shedrack Ogboru, yesterday tendered 37 documents seeking to prove how the Nigeria LNG owes the firm N5.074 billion.
Some of the submissions and documents include the letter written by NLNG General Counsel (Company Secretary), Akachukwu Nwokedi  to Festus Keyamo’s Chamber which had stated that the contract between the NLNG and Macobarb Int’l Ltd had no provisions for standby Payment.
Macobarb claimed that such a position by the NLNG legal department was the reason the NLNG refused to pay the claimant.
It tendered many documents and quotes from the contract to show that the contract had ‘stand-down payment’ provisions. A forensic auditor also appeared to prove to the court that those contract classes existed.
Macobarb position in adopted statements and claims insisted that stand-down provision is plentifully provided for in the contract, one of which he said is on page 28, section 7, sub section 5(11).
The firm told court that there is abundant evidence that it fulfilled this clause by notifying the NLNG about this development (contract payment failures), saying in the statements that they relied on the position of the NLNG general counsel arising from this failure to amend its claim to N5.074 billion .
The claimant insisted that by defendant’s (NLNG’s) failures to honour the terms of contract closeout as signed by both parties on the said date, Macobarb has not been able to demobilise its equipment.
The forensic accountant thus relied on defendant’s failures to further calculate the liability they (NLNG)  incurred by their own alleged negligence or other actions by detaining Macobarb’s equipment on their site indefinitely.
The claimant further stated in its claims that whereas the defendant insists it owed no money to Macobarb, yet, in the contract closeout of February 10, 2016, NLNG agreed to pay Macobarb for its 20 feet caravan, to also pay balance payment for turnstiles and vehicle barriers amounting to N38 million, but only paid N33 million.
However, the NLNG team of lawyers led by Prof Bayo Adaralegbe, began cross examination on November 1, 2024, and first dwelt on the eligibility of the CEO of Macobarb, Ogboru, to be a joiner in the suit, asking to be shown where the contract provided for him to sue as an individual, to which Ogboru cited two sections.
Adaralegbe also pursued the angle of submission of ‘performance bond’ stated in the contract that should be done within 14 days of the take-off of the contract, and tasked the claimant to show where he submitted the said bond.
The matter was adjourned till November 29 and December 2 and 3, 2024, for continuation of cross-examination.