A Rivers State High Court has adjourned a suit brought by Macobarb International against NLNG for alleged breach of contract and claim worth N5.074 billion to January 17, and 24 for continuation.
The court, led by Justice Chinwendu Nwogu, adjourned the matter on November 29, 2024, to allow the parties to continue with cross-examination.
Macobarb International Limited, an indigenous contractor had approached the court, initially claiming over N1Bn but later amended to N5.074 billion for alleged breaches to a contract (B130142PPI, Access Control) within NLNG’s plant area with three years duration.
Macobarb claims that it was supposed to be paid by NLNG based on the contract in line with the value of verified work done and that the contract did not give room for delay of any kind in the project, and equally provided for penalty on whoever caused the delay.
Macobarb said that when it noticed delays in payment it alerted NLNG, but that nothing was done to rectify the delays until the contract was terminated.
When the matter resumed in court, the CEO of Macobarb International, Shedrack Ogboru, was cross-examined by
the defence lead counsel, Prof Bayo Adarelegbe, who continued from where he stopped before the previous court adjournment.
On November 29, 2024, when the court last sat, Aderelegbe, a law professor
had focused on the terms of the contract, arguing that Ogboru was not a party to the contract on his individual recognition.
When the case resumed, he questioned Ogboru over the provision for the contractor to produce a ‘performance bond’ within two weeks of the contract, in which the CEO explained that the dispute that led to the termination was not from the submission of the performance bond.
Aderelegbe, however, requested a yes or no answer from Ogboru, who admitted he did not submit it at any point in time, adding that both parties continued to execute the contract despite the absence of the bond.
Ogboru also said bills and vouchers were submitted and vetted and some paid for without reliance on the performance bond.
While the CEO was in the witness box, his counsel, A.J Okanje, decried the questioning approach of Aderelegbe and intervened many times to defend his counsel.
