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PH High Court Fixes July 16, To Rule On N5.74bn Suit Claim By Indigenous Contractor, Macobarb Against NLNG

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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.

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Police Nab Three Over Murder Of Two Officers, Recover Rifles

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The Rivers State Police Command has arrested three suspected members of a criminal gang allegedly responsible for the killing of two police officers during a stop-and-search operation in Aluu, Ikwerre Local Government Area of the State.
The State Police Command made this known recently in a statement by its Public Relations Officer, ASP Blessing Agabe, in Port Harcourt.
According to the statement, the suspects were arrested by operatives of the Command’s Violent Crime Response Unit (VCRU), following sustained intelligence-driven operations launched after the June 29, 2026 attack on the officers.
The suspects were identified as Maduabuchi Emeka, alias “Doctor”, 34, a native of Egbata Community in Omoku; Chinedu Owhor, 42, from Akabuka, Omoku, but resident in Aluu Community; and Kamachi Joe, 28, also from Egbata Community.
The Police said the officers, who were attached to the Aluu Division, came under attack while conducting a routine stop-and-search operation at a security checkpoint along the Mbodo-Aluu axis of the Obiri-Kwerre Road.
The assailants, the Command stated, opened fire on the officers and fled with their service rifles after the attack, leaving two policemen dead.
The Police said one of the officers sustained severe injuries to his leg during the attack, which later resulted in amputation, but he eventually died, while the other officer was also killed in the incident.
Following the attack, the Commissioner of Police, CP Olugbenga Adewole Adepoju, directed the immediate deployment of the Command’s operational and intelligence assets to track down the perpetrators and recover the stolen firearms.
The Command said the directive yielded results as VCRU operatives, acting on credible intelligence and sustained tactical operations, arrested the three suspects and recovered three AK-47 rifles and one Scorpion rifle.
The Police said two of the recovered AK-47 rifles were the service rifles allegedly taken from the slain officers during the attack, adding that the recovery constituted a major breakthrough in the investigation.
The Command further disclosed that investigation had allegedly linked the suspects to other murder cases currently under investigation, while efforts were ongoing to apprehend another suspected member of the gang who remains at large.
The Commissioner of Police commended the operatives for the breakthrough and warned criminal elements that Rivers State would not provide a safe haven for those involved in violent crimes, assuring residents that the Command would continue to identify, arrest and prosecute perpetrators.
He urged members of the public to provide credible information to aid ongoing security operations.

By: King Onunwor

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Rivers

Journalist Pledges To Build On Father’s Legacies

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A Port Harcourt-based Journalist and former Chief of Staff to Emohua Local Government Council, Hon. Obindah Nwordu, has pledged to build on the legacies of his late father.
Nwordu, who made the pledge while speaking with newsmen at the burial ceremony of his father, Elder Nna Nwordu, popularly called Ezeji, in Emohua Local Government Area, assured that the family would continue to uphold the values and principles which the deceased stood for during his lifetime.
He described his late father as a man who devoted his life to the welfare and upbringing of his children, stressing that his virtues had continued to shape the lives of members of the family.
According to him, although the death of his father had created a painful vacuum within the family, the occasion also provided an opportunity to celebrate a life well lived and the enduring contributions he made to his family and community.
He said the greatest tribute the children could pay their late father was to preserve the good name he left behind and ensure that the values he instilled in them were not allowed to die with him.
Obindah further said the family would remain united and committed to advancing the ideals of their late father, adding that they would also seek to improve on the foundation he established for the family.
He noted that Elder Nwordu’s emphasis on hard work, discipline, integrity and responsibility remained lessons that would continue to guide him and his siblings in their respective endeavours.
The journalist further assured that the family would sustain the relationships and goodwill which their father established during his lifetime, noting that his legacy extended beyond the immediate family to the wider community.
He expressed gratitude to relatives, friends, colleagues, political associates, community leaders and well-wishers who identified with the family during the period of mourning and attended the burial ceremony.
Obindah particularly appreciated those who travelled from within and outside Rivers State to honour the memory of Elder Nwordu, describing their presence and support as a demonstration of the impact the deceased made on the lives of people around him.
He urged members of the family to remain steadfast in upholding their father’s values, stressing that the best way to keep his memory alive was through good character, unity and positive contributions to society.
The former Chief of Staff said the family would not allow the legacies of their departed hero to fade away, but would continue to build upon them and ensure that his name remained a source of pride and inspiration to present and future generations.

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TUC Demands Seamless Health Insurance Plan For Rivers Workers

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The Trade Union Congress (TUC), Rivers State Council, has called on the Rivers State Government to introduce a seamless health insurance arrangement that will ensure all civil servants and their dependants are enrolled in the Rivers State Contributory Health Protection Programme (RIVCHPP).
The TUC made the demand when its leadership visited the Executive Secretary/Chief Executive Officer of RIVCHPP, Dr. Vetty Agala, in Port Harcourt, amid renewed calls for wider coverage of residents under the state’s social health insurance scheme.
Speaking during the visit, TUC Chairman, Comrade Samuel Ogan, commended the management of RIVCHPP for its efforts to expand access to healthcare, stressing that health insurance remained the most sustainable way of protecting workers and their families from the financial burden of illness.
Ogan, however, said workers would be more willing to embrace the scheme if government could develop a system that eliminates visible deductions from their salaries.
He urged the state government to work out a seamless arrangement through which all workers and their dependants could be automatically captured in RIVCHPP’s plans.
According to him, enrolling the entire civil service in the programme would not only protect workers, but also encourage other organisations and individuals to embrace health insurance.
The TUC Chairman pledged that the union would engage relevant stakeholders to facilitate the enrolment of workers into RIVCHPP’s health insurance packages.
Earlier, Agala described RIVCHPP as a strategic initiative of the Rivers State Governor, Siminalayi Fubara, aimed at ensuring financial risk e living and working in Rivers State protection for everyone living and working in Rivers State.
She said the programme was designed to make universal health coverage a reality by enabling residents to access quality healthcare without suffering financial hardship or relying on out-of-pocket payments at the point of care.
Agala, who commended the state government for investing in healthcare infrastructure and manpower, lamented the low patronage of health facilities, noting that the challenge was not necessarily a lack of illness but, in many cases, the inability of residents to afford medical care.
She said RIVCHPP was established to bridge that gap and ensure that people, regardless of their social or economic status, could obtain medical attention whenever they needed it.
The RIVCHPP boss disclosed that the agency had c illnesses. developed packages for residents in the formal and informal sectors, vulnerable groups and people living with chronic illnesses.
She also highlighted the agency’s educational sector plans, under which pupils in primary and secondary schools would pay N9,000 annually, while tertiary institution students would pay N12,000 per academic year. She explained that registered students would remain covered during their holidays.
Agala called on labour unions, international oil companies, religious organisations, community and political leaders, as well as well-meaning individuals, to partner RIVCHPP by sponsoring health insurance for members of their communities.
She stressed that government funding alone could not sustain a viable health insurance system, adding that the number of vulnerable residents currently benefiting from the programme remained only a fraction of the population in need.
In a related development, Agala assured the University of Port Harcourt Medical Students Association (PUMSA) of the agency’s readiness to collaborate with the university’s entire student community to expand access to healthcare.
She gave the assurance when the PUMSA leadership, led by its President, Nelson Fadeh Leteh, visited the agency.
Agala said students constituted a critical segment of the population that RIVCHPP was seeking to bring under its health insurance coverage, stressing that the agency’s objective was to ensure that no resident of Rivers State was excluded from access to quality healthcare.
She said RIVCHPP had begun engagements with relevant authorities to address existing institutional dynamics that could facilitate the enrolment of students, while advising the association to e process in presenting its demands follow due process in presenting its demands.
Earlier, Leteh outlined some of the challenges and hazards confronting medical students, particularly during clinical training, and expressed the association’s desire to enrol its members in RIVCHPP’s programmes.
He said the welfare of medical students remained a priority for the association, noting that the existing health insurance arrangement available to the students was characterised by protocols and bottlenecks that often hindered seamless access to healthcare.
The visit ended with the presentation of RIVCHPP’s promotional materials to the visiting delegations.

By; Wokoma Emmanuel & Theresa Frederick

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