By Omonigho Odens
A Niger Delta based company, Macobarb International Limited, says it is set to drag the Nigeria Liquefied Natural Gas Limited, NLNG to court, just as it demands that One Billion Naira be paid as damages to her over what it termed gross violation of the Nigerian Local Content Act Policy, malicious contract termination and fraud.
The Managing Director of Macobarb International Limited, Mr. Shedrack Ogboru disclosed this during a press conference yesterday.
He accused NLNG of maliciously strangulating Macobarb International Limited on a security related project it awarded in appreciation of contractor’s competence.
Ogboru stated that NLNG disobeyed the contractual agreement by persistent payment failures as well as avoiding dispute resolution mechanism of the contract.
Ogboru said NLNG insistence on the court option as he has been told, was only a time-buying gimmick of the few elements behind the contract violations aimed to annihilate Macobarb International Limited.
Ogboru expressed regrets that it is a typical example of privileged individuals in NLNG, actively aided by a few persons in NLNG legal/litigation departments to destroy Nigerian contractors.
He said the actions were not known to the majority of NLNG staff, especially very many decent men and women of the highly esteemed company.
He continued: “It’s a disservice to the Federal Government efforts at fighting corruption when these elements portray Nigerian Court as dumping ground to buy time by offending parties or a place where justice is for sale to highest bidder, as NLNG who violated the contract they crafted, boastfully asks abused contractors to go to court. This indeed, is a disservice to Nigeria.”
Ogboru said that he decided to go to court and prayed that justice would be done. He added: “Macobarb International Ltd would be demanding for:
(a) An Order of Court directing Nigeria LNG Ltd to pay to Macobarb Int’l LTD the sum of NGN957,676,562.50 being the standing-by costs incurred by the claimants during downtime/standing-by counting from 1st August, 2014 to 10th February, 2016 when Nigeria LNG Ltd belatedly fixed a date and time for the contract close-out after which the demobilization of all management, administration, personnel, equipment, plant, transportation, tools, machinery, materials, services, utilities, attendances, et cetera on downtime was performed by the claimants.
(b) A Declaration that the letter of termination of contract dated 27th November, 2015 with which Nigeria LNG Ltd terminated the contract of Macobarb Int’l LTD relying on the notice of default and termination dated 20th November, 2015, is ineffectual and otiose.
(c) An Order of Court setting aside the said letter of termination of contract dated 27th November, 2015 and directing that Nigeria LNG Ltd pays the Claimants the sum of N200,000,000 as damages for breach of contract and unlawful termination of contract.
(d) An Order of Court pursuant to Order 35 Rule 4 of the Rivers State High Court (Civil Procedure) Rules, 2010 that Nigeria LNG Ltd pays the Claimant 20% interest rate per annum on the judgment sum counting from the date of the judgment.