A Rivers State High Court sitting in Port Harcourt has fixed September 30, 2024, to open a hearing on the amended claim in a suit between Macobarb International Limited and Nigeria Liquefied Natural Gas (NLNG). Macobarb has increased its claim from N1 billion in the originating summons in 2019 to over N5 billion in 2024.
The suit, with number PHC/2013/CS/2022, is before Justice Chinwendu Nwogu. Macobarb, an Indigenous contractor, is claiming N5.073 billion for alleged breaches of a contract (B130142PPI, Access Control) in the NLNG plant area. The contract had a three-year duration and provided payment progressively based on verified work done.
Macobarb in its claims suggested that the 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, claiming that nothing was done to rectify the delays or salvage the situation until the contract was terminated.
Macobarb’s legal team, led by Dr. Innocent Ekuh, filed amended claims and additional attachments to defend their new claim. The NLNG’s legal team did not oppose the amendment but requested a clean copy of the amendment.
Speaking to journalists, Dr. Ekuh said the court’s decision to grant leave for the amendment and adjourn the matter for a definite hearing is a significant milestone. He explained that on September 30, Macobarb’s lead witness will enter the witness box to adopt evidence and documentary proof of their claims against NLNG.
“This matter has been going on over the years and has not really come on as speedily as expected. We are glad to say that today, we have achieved a great milestone.
“The honorable court of justice has granted leave to the claimant to file his amendment, and other consequential documents in preparation for the hearing”.
Ekuh continued: “Now that leave of court has been granted and that has been done and achieved, the court has adjourned the matter for definite hearing to September 30, 2024.
The battle of all these years has now been concretized 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 a countersuit.
