Macobarb vs NLNG: Court Reserves Ruling in Fundamental Human Right

A Federal High Court in Port Harcourt, has reserved judgement in a fundamental human rights case filed against the Nigerian Police Force, the Nigeria Liquefied Natural Gas (NLNG) and some of its workers by an indigenous contractor, Shedrack Ogboru, Chief Executive Officer of Macobarb International Limited.

Justice Stephen Daylop-Pam, reserved the ruling to a day to be communicated later, after hearing the motions from both parties.

The CEO of Macobarb International had last year, dragged top officials present and past of the NLNG, the Inspector General of Police and the Police Service Commission over his arrest by the NLNG in July 2022.

The aggrieved contractor filed 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.

The respondents in the suit were 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 N4.2billion 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 returned to file the 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 yesterday, the police and NLNG team were represented by lawyers led by the Prof. 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 defense counsel, 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.

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.

In his arguments, the applicant counsel, reminded the defence counsel that those issues were before another court of competent jurisdiction and thus needed not be mentioned the present.

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 however, 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. He is also asking for N1billion as general damages and N20million for the suit.