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From Tony John, Port Harcourt
A Rivers State High Court in Port Harcourt has struck out a motion by the Nigeria Liquefied Natural Gas (NLNG) to stop the hearing of the substantive matter in the case filed by Macobarb International Limited, a contractor with the firm.
Macobarb had filed a civil suit claiming billions over N1 billion for losses incurred in a contract of 2014, in Suit No. PHC/2013/CS/2022.
The NLNG filed a motion that the case was filed out of time and that the Chief Executive Officer (CEO) was not to be a party.
Justice Chinwendu Nwogu ruled that the case was competent and awarded N200,000 cost against the NLNG for wasting the court’s time.
The NLNG filed an appeal at the Court of Appeals in Port Harcourt but brought a motion to stop any hearing at the High Court pending the outcome of the appeal.
Macobarb countered it and the judge fixed June 20, 2023, for ruling.
Chukwuemeka Akwuroha led the team from the NLNG, while Joshua Ene (represented Morrison Uzoma) for Macobarb for the ruling.
Justice Nwogu took time to show why technicalities and motions should not be allowed to stall substantive matters by seekers of justice.
The judge in the ruling discountenanced the NLNG motion on the ground that the interlocutory ruling which led to the interlocutory appeal should be appealed together with the substantive ruling when it will come.
He said an interlocutory appeal should not stop hearing in the substantive matter, but that such appeals should wait till final judgement so that all appeals can go at once.
The court said for the interest of justice and to serve the interest of both parties, the judge had to discountenance the motion.
He urged both parties to proceed with the hearing and any party that eventually disagreed with the eventual judgement and/or on any interlocutory ruling along the way can join all objections and file one appeal.
Court fixed for July 19, 2023, for the continuation of the case.
Meanwhile, the Managing Director of Macobarb, Shedrack Ogboru, has rejoiced over the fact that at last, he would have a chance to place the facts of the matter in a court of competent jurisdiction since 2014 when the contract was awarded.
“This is a landmark ruling for Macobarb for the interest of justice.”
He said: “I executed the job and borrowed money from banks, but each time it was time to pay me, four signatories would sign but one would decline signature, and I would not be paid. This went on for years. This is what some people don’t want the court to hear. As God would want it, the judge ruled that this case should be heard.”
