Fed High Court Reserves Judgment In A Fundamental Human Right Suit Brought By Macobarb Against Police, NLNG

A Federal High Court in Port Harcourt has at last listened to the case of abuse of fundamental human rights brought against the Police and the Nigeria Liquefied Natural Gas (NLNG) and some of its workers by an indigenous contractor, Shedrack Ogboru, CEO of Macobarb International Limited.
Justice Stephen Daylop-Pam today, February 15, 2024, listened to motions from both parties but went ahead to hear the case, and thus moved judgment to a date yet to be named.
The CEO of Macobarb International had last year 2023 dragged top officials present and past of the NLNG and the Inspector General of Police and the Police Service Commission over his arrest by the NLNG which took place in July 2022.

The aggrieved contractor had taken out the suit to enforce his fundamental human right and the case was mentioned on July 5, 2023, at Federal High Court 4 in Suit No. FHC/PH/FHR/154/2023 with respondents listed as the NLNG, Mr Tony Attah (NLNG former managing director), Mr. Akachukwu Nwokedi (the head of legal), Bayo Aderele (a senior staff member), the Inspector-General of Police, and the Police Service Commission.

Ogboru has had many running legal battles with the NLNG over a N4.2Bn claim against the multinational gas liquefaction company as accumulated costs over a terminated contract. He was rather arrested in July 2022 in Port Harcourt and flown to Abuja.

Macobarb boss bounced back to say he has reason to take out an action against the NLNG because of their alleged role in his said harassment and intimidation, arrest and detention of the contractor.

Ogboru said in court that instead of paying him the money, the NLNG resorted to all sorts of measures which he said included deployment of security agencies to intimidate him.

When the case reopened today February 15, 2024, the Police and NLNG team were represented by lawyers led by the professor, Bayo Adaralegbe, while Godsent Elenwa represented Ogboru.

Motions from both parties were taken before the main case was heard. Some heated arguments also took place. The professor (Adaralegbe) opposed the further affidavit brought up by counsel to the applicant (Elenwa) for not first serving them the affidavit. The judge however gave a nod for the affidavit to be admitted saying it was okay if Elena’s client did not want it served.

Adaralegbe also noted that the offence committed by the applicant that led to his police arrest was that of perjury, saying they filed an affidavit motion which led to police action. Elenwa however cut in to remind the opposing counsel that those issues were before another court of competent jurisdiction and thus needed not be mentioned here.

There were other objections by the NLNG some concerning the name Nigeria Liquefied Natural Gas (NLNG) but the counsel to Ogboru responded to the objections.

The judge had asked counsels to adopt their processes to set the stage for judgment.

Ogboru is asking the Federal High Court to declare his arrest as illegal. He wants the court to stop the police and the NLNG and their present and past officials from alleged intimidation, harassment, and torture.
Above all, Ogboru is asking for N1Bn as general damages and N20m for the suit.

Date for the judgment would be communicated to both parties.

The counsel to the NLNG declined comments after the case but Elenwa for Ogboru stated thus: “Yes, it is a fundamental rights application and the issues are before the court. As the applicant, we came to this court for the enforcement of the fundamental rights of our counsel who was forcefully and illegally arrested sometime in July 2022 by men of the Nigerian Police Force in collaboration with staffs of the Nigerian Liquefied Natural Gas (NLNG). He was arrested and illegally detained over frivolous allegations. That was what made us to come to this court and seek the enforcement of his fundamental rights.”

Ends/