Anita Ogona
Macobarb International Limited has upped its claim against the Nigeria Liquefied Natural Gas (NLNG) from about N1Bn in the originating summons in 2019 to over N5Bn in 2024. Now, a Port Harcourt High court has fixed September 30, 2024, to open hearing on the amended claim in suit number PHC/2013/CS/2022 before Justice Chinwendu Nwogu.
In the last two mentions, the legal team to Macobarb led by Morrison Uzoma, resigned from the case. It was understood that Macobarb CEO, Shedrack Ogboru, asked for that. The next hearing, Dr Innocent Ekuh, legal practitioner, became lead counsel to Macobarb.
On the next adjourned date, the new lawyers filed amended claims demanding for N5.073Bn and volumes of additional attachments to defend their new claim. Some fierce argument ensued in court between both legal teams before the justice took date for hearing
The issue
Macobarb International Limited, an indigenous contractor had dragged the NLNG to court claiming over N1billion (now amended to N5.073Bn) for alleged breaches to a contract (B130142PPI, Access Control) in the NLNG plant area with three years duration.
The suit said the contract provided that Macobarb be paid bit by bit progressively based on the value of verified work done.
he contract also forbade delay of any kind in the project and provided for penalty on whoever caused the delay. It also provided for alert system should anything want to cause a delay.
Macobarb said it activated the alert clauses when payment delays began to happen but that nothing was done to rectify the delays until the contract was terminated.
Macobarb lawyer throws light:
The lawyer to Macobarb, Dr Ekuh, threw some lights on the stage of the matter saying: “This matter that has been going on over the years and has not really come on as speedy as expected, we are glad to say that today, we have achieved a very great milestone.
“The honorable court of justice has granted leave to the claimant to file his amendment, and other consequential documents preparatory for hearing.
“Now that leave of court has been granted and that has been done and achieved, court has adjourned the matter for definite hearing to the September 30, 2024. On that date, the lead witness of Macobarb will enter the witness box to adopt his evidences and documentary proof of his claims against the NLNG. It is a milestone. The battle of all these years has now been concretised for the court to determine the issues in dispute that have been brought before it to be determined according to the laws of our land.”
He explained further that the opponent (NLNG) did not oppose the amendment because they did not file counter. They accepted the amendment which also enables them to file their own consequential amendment. But they opposed the court deeming the amendment granted asking the court to direct us to file clean copy of the amendment. That is okay with us.”
Newsmen following the case understood that the main witness, Mr Ogboru, would mount the witness box to help his lawyers show how the NLNG was liable to such sum of money.
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