Rivers
PH High Court Fixes July 16, To Rule On N5.74bn Suit Claim By Indigenous Contractor, Macobarb Against NLNG
A Port Harcourt High Court Rivers State headed by Justice Chinwendu Nwogu is going to decide and rule on July 16, 2025, in suit number PHC/2013/CS/2022.
The fixing of date of judgment came on June 24, 2025, after counsels for both parties adopted and adumbrated their final written addresses, each seeking to convince the judge to rule in his client’s favour.
The trial judge will unravel wether or not did the NLNG breach a contract it awarded to an indigenous contractor, Macobarb International Limited, years ago and wether the breach lead to costs as high as N5.74Bn ?
Macobarb had sued NLNG claiming that it breached the terms of contract and that this breach led to various costs amounting to N5.74bn, saying the contract was deemed to still be running and that cost is rising.
Adopting their address, the lead counsel to Macobarb, Benefit Vilokpo, said “Claimants have shown by their pleadings and documentary evidence that NLNG breached its terms of contract, and that Macobarb has demonstrated that the purported letter of termination dated 27th November, 2015, is unlawful, null, and void.”
Counsel also said contract agreement made several provisions for ‘Standby Payments’ and that Claimants have also shown that they are entitled to Standby Payments.
The claimants lead counsel submitted in his adopted final address what he considered issues for determination, thus: “Whether the Claimants have proved their case as required by law to be entitled to the reliefs sought in this case (a. Whether the purported termination letter dated 27th November 2015 was valid in view of the provisions of the contract Agreement).”
The Claimants built their claim on the ground that the person that terminated the contract (Emeka Ohiri) was not known to the contract. Rather, it is the Contract Holder, Dweller Francis, that was known to the contract and that the said Francis never served Macobarb any termination letter.
The claimant counsel also said and pointed to the sections in their final address that the contract provided for standdown time.
Another prong on which the claimant wanted the judge to consider an opinion is whether the Defendant (NLNG) fulfilled the terms and conditions of the Close-out Meeting.
The Claimants final address noted that to demonstrate that the Contract is still in existence, the Defendant, NLNG, called for a meeting on the February 19, 2016 termed “Project close-out meeting”. The contract close-out meeting with signatures of all the attendees (Exhibit YJ 5) showed where it was stated that to close out the contract, NLNG will have to establish what the costs for the materials delivered to NLNG were, as well as the cost for demobilising and to prepare the payment Certificates for all items of the contract executed by the contractor”.
Macobarb asked the court to view it that the Contract is yet to be closed out; to also note that the Defendant (NLNG) admitted receipt of materials including 20ft container from the Claimants.
NLNG key positions:
The NLNG lead counsel, Prof Bayo Aderelegbe, on the other hand, wants the Court to determine whether the second claimant was a party to the contract and can sue in respect of the contract. Macobarb countered this in their address that this contention by the NLNF had earlier been dismissed by the same court and judge when it was raised during preliminary objection and that in fact, the judge had awarded a fine of N200,000 against the NLNG.
The NLNG counsel also wants the Court to determine whether the Defendant (NLNG) breached the contract as alleged by the Claimants; whether the Defendant wrongfully terminated the Contract; and whether the Claimants were entitled to the N5.74Bn.
During adoption and adumbration of the final addresses on June 24, 2025, the defence lead counsel asked the court to dismiss the claim by Macobarb on the ground that the termination of contract was legitimate and was done by the rightful party. Adarelegbe said the contract provided lumpsum amount and that the claim by Macobarb was outside the amount so provided and that it did not have any basis.
The Claimant’s counsel however countered in his address to the court saying that the Defendant did not challenge the amount submitted by the Claimants’ principal witness, the forensic accountant, and quoted Supreme Court’s position on such matter.
The Claimants’ counsel also said the Defendant did not plead any alternative figure in their statement of defence as being a more realistic or reasonable figure.
Another crucial matter both parties addressed is the issue of ‘Performance Bond’ mentioned in the contract. The NLNG submitted that the Claimant (contractor) failed to submit it within 14 days and that this was the basis for termination of the contract.
The Claimants (Macobarb) counsel countered that the contract did not state who was to submit the Performance Bond between the contractor and the contract owner. Macobarb thus asked the court to note that both parties failed on that and thus ‘deviated’, and that by law, deviation would be regarded as mutual and thus not punishable.
Macobarb further asked the court to note that it was 16 months after commencement of contract that the NLNG wrote to demand for it as well as submitted the sample of the performance bond. The Claimant therefore argued that the Performance Bond did not stop the contract from performing for up to 18 months.
The Claimant’s counsel particularly drew the attention of the court to a section of the defendant’s address and said by NLNG’s admission that by November 27, 2025, that the contract was ‘coming to an end’ meant that they admitted that the contract was yet to come to an end by that time. She said this amounted to inconsistency which she said is not admissible in law. She attempted to quote authorities on that.
The judge is thus to determine if the Performance Bond was so crucial in the contract to warrant termination of the job, and if the right person known to the contract carried out the termination.
Macobarb particularly drew the attention of the court to the many steps they took up to the Nigerian Senate seeking peaceful resolution, but to no avail, probably to show that the company (Macobarb) was not just being a troublesome contractor.
It seems to be these decisions that would lead to whether NLNG owed Macobarb any amount at all and if such debt is up to N5.74bn.
A highpoint in the addresses by both counsels was when the judge, Chinwendu Nwogu, reminded Macobarb’s counsel (Vilokpo) that any new authorities quoted during adumbration that were not contained in their original address were not going to be recorded or regarded.
The outcome of the controversial case seems very sensitive because of its criticality in how multinational companies and their indigenous contractors handled disputes, now and in the future.
Rivers
RIVCHPP Mulls Plan For Universal Health Coverage In Rivers
Board of the Rivers State Contributory Health Protection Programme (RIVCHPP) has expressed its readiness and determination to ensure universal health coverage for all residents of the state.
Chairman of the Board, Professor Chike Princewill, disclosed this in an interview with newsmen shortly after the Board’s inaugural retreat in Port Harcourt.
Chike also said so far over 110,000 have been enrolled into the programme in the state since its commencement last year.
He said the retreat was to inform the people that the Board has hit the ground running.
“The Board has just had their inaugural meeting and retreat, which started yesterday. We are trying to inform the public, those residing in Rivers State, that we have hit the ground running.
“From last year when we commenced until when the Board was officially inaugurated last month, we in this Board have resolved to make sure that the universal health coverage is covered and Rivers people or any body living here can benefit from it”, he said.
The Board Chairman further said a lot have been achieved since last year, adding that, “as we speak to you, over one hundred and ten thousand enrollees have been recorded in Rivers state across the twenty three local government areas with the help of the Executive Secretary and management.”
He said staff of the Board have been sent to all local government areas, stressing that it was part of RIVCHPP’s effort to unbundle secondary health care with the view to making it more effective.
Professor Chike further said with the signing of the universal health coverage Act into law, the agency will expand the scope of its activities to cover everyone living and doing business in the state.
“We are are trying to even unboundle secondary care, and, of course, you know the new Act has been signed involving universal health coverage that every person is involved. So, we also include to expand the scope of the private facilities that were engaged in this health insurance programme.
“We want to assure Rivers people or anybody who live in Port Harcourt or Rivers State that you all will be given the best of facilities.
“We have discussed at length with those who have been given primary assignment in the local government primary health care centres and other facilities that we use for this purpose.
“We have our personnel that we are sending to the local governments as well and all the nooks and crannies of the state to make sure that the necessary things are done”, he said
He stressed the need for people to take their health seriously, saying, “you have to be healthy, you have to be alive to achieve, we believe that with your support it will come to pass. We encourage you to enroll.”
He also stressed the need for people to get their National Identity Numbers (NIN) to enable them benefit from the programme.
“You need your national identification number, so you can be effectively captured”, he stated.
According to him, the National Health Insurance Agency which is partnering with RIVCHPP, is also emphasizing that the NIN is necessary.
“When you register and enroll, we will look for those things so that it can be effectively captured. if you don’t have your NIN, you will be de-enrolled because it is a directive from the National Health Insurance Agency, and because we are working with them, we are expecting all of us to key into this programme.
“Health is key to us. We are ensuring that those who are at the end of our tentacles are also living up to standard”, he stated.
He advised health workers to ensure that when patients and their relatives come to their facilities, they are effectively handled and taken care of, and respecting them as human beings.
“As care givers, this is what we want to let all of us know”, he said.
Professor Princewill also advised all the new local government chairmen to also put their hands on deck to encourage their people to enroll in the programme.
John Bibor & Birane Progress
Rivers
VC Reveals Impact Of AI … As IAUE Hosts Conference
The Acting Vice Chancellor of Ignatius Ajuru University of Education (IAUE), Prof. Okechukwu Onuchuku, has revealed valuable insights on how scholars can thrive in an AI-driven country.
Speaking at the 40th Conference of English Scholars Association of Nigeria (ESAN), tagged “Advancing the frontiers of Digital Humanities Research in English and Literary Studies”, with the theme, “Teaching English and Literary Studies in Nigeria’s Tertiary Institutions in The Era of AI”, Prof. Onuchukwu said the theme of the Conference provides a roadmap for navgating the challenges and opportunities being presented in AI, and Prepared to impact knowledge on humanity.
In her speech, the Chairperson of the Local Organising Committee (LOC), Prof. Ibiere Ken-Maduako, said the theme of the Conference is apt, considering the role AI is playing in the country.
Maduako, who’s the Dean, Faculty of Humanities, Ignatius Ajuru University of Education, called on participants to use the oppprtunit to contribute towards enhancement of knowledge.
“As I speak, members of the Faculty and the institution’s Management are elated over the successful hosting of the Conference. It was made possible on the support the VC, staff and students accorded us.
Highlights of the conference, which was held in conjunction with the English and Literary Studies Department, included induction of new members, Presentation of papers by scholars from different tertiary institutions in Nigeria that reveales benefits of AI
“I m optimistic that the conference will achieve its set goals. Students are expected to participate actively and leverage on the gains to improve”, She said.
Rivers
TB-Network Profers Multifaceted Approach To HIV, Others
TB-Network, one of the networks working on AIDS, Tuberculosis, and Malaria (ATM), has profered a multifaceted approach in the fight against ATM and Gender-Based Violence (GBV) in Nigeria.
The Rivers State Coordinator of TB-Network, Mr. Messiah F. Muzan, who disclosed this recently in a media parley in Port Harcourt, said one of such approaches is to extend the National Health Insurance programme to the poor and most vulnerable in Nigeria.
“The National Health Insurance programme enjoyed by the formal sector should be extended to other citizens of Nigeria, particularly the poor and most vulnerable “, he said.
He explained that this is because the poor are often less educated and unemployed, and consequently lack the ability to pay out-of-pocket for high costs associated with frequent illnesses.
Muzan listed other approaches to include: funding and finances for Primary Health delivery should be carefully mapped out and sanctioned against any misappropriation or mismanagement, to enable a robust public health programme at all Ward levels in the local government; communication and education programmes can raise knowledge and awareness, and, in turn, improve testing and care-seeking.
“There is a great need to educate, engage, and empower the communities to embrace any behaviour change relevant to achieving success in malaria, HIV, and TB control in Nigeria”, he explained.
Others are: “Every word should commit to health promotion and education programmes to increase awareness of prevention measures; and promote community participation and adherence to evidence-based strategies.
“Commmit adequate resources through advocacy and partnerships, for the full and effective implementation of all planned interventions, including through involvement of the private sector, community participatory approaches.
“Community members should actively support and advocate for their local Primary Healthcare Centers (PHCs). Community involvement is crucial in ensuring the sustainability and effectiveness of these centers.
“Additionally, community support can manifest through volunteering, donating resources, or participating in advocacy efforts to secure increased funding and resources for PHCs”, he stated.
The TB-Network boss identified the manifestions of GBV to include domestic abuse, verbal aggression, physical violence, rape, early marriages, incest, Female Genital Cutting (FGC), acid attacks, and outright killing.
He also disclosed that the COVID 19 Response Mechanism/RSSH aimed at intervening in various facets of GBV-related issues being implemented in Rivers State has recorded a lot of successes in general terms, among which is the part directly played by TB-Network.
According to him, “TB-Network in their bid to tackle the menace of GBV, has achieved enormous success through community outreaches to sensitise the communities’ members on the subject matter, the effect and consequences on perpetrators and survivors.
“With the help of our valuable state partners, like the state response team, Ministry of Health, Nigerian Security and Civil Defence Corp (NSCDC), Police, FIDA, National Human Rights Commission, Rivers State Agency for the Control of AIDS (RIVSACA), and Ministry of Justice, we are able to legally fight this ill that is eating into the fabrics of our dear Rivers State.
“Currently, TB-Network is advocating for justice for two survivors of GBV cases in the State.”
Muzan concluded that addressing the issues of ATM and GBV requires robust action: “Strengthening infrastructure, securing financial resources, renewing political leadership, and fostering collaborationa are essential.
“Evidence-based interventions, such as community-led monitoring, should be scaled-up.
“Additionally, innovative services delivery models and technological adaptations are critical to minimise disruptions to routine care.”
Soibi Max-Alalibo
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