A Federal High Court sitting in Port Harcourt has reserved judgment on a fundamental human rights suit brought against the Nigeria Police and the Nigeria Liquefied Natural Gas Limited (NLNG) and some of its officials by the Chief Executive Officer of Macobarb International Limited, Shedrack Ogboru.

After listening submissions from counsel to both parties on Thursday, February 15, 2024 when the case came up for hearing, the presiding judge in Suit No. FHC/PH/FHR/154/2023, Justice Stephen Dalyop-Pam reserved judgment for a date yet to be named.

The CEO of Macobarb International, Shedrack Ogboru had last year, 2023 dragged the NLNG and some of its top officials, the Inspector General of Police and the Police Service Commission (PSC) to the Federal High Court over his arrest by the Police allegedly on the instructions of the NLNG in July 2022.

The aggrieved contractor is seeking the enforcement of his fundamental human rights.

The respondents as listed in Suit No. FHC/PH/FHR/154/2023, which was mentioned on Wednesday, July 5, 2023, at Federal High Court 4 are the NLNG, NLNG’s former Managing Director; Tony Attah, General Counsel/Company Secretary; Akachukwu Nwokedi; and Manager, Front End Development/Technical Interface; Bayo Aderenle, as well as, the Inspector General of Police (IGP) and the Police Service Commission (PSC).  

Ogboru has had many running legal battles with the NLNG over a N4.2Bn claim against the multinational gas liquefaction company as accumulated costs over a terminated contract. He was rather arrested in July 2022 in Port Harcourt and flown to Abuja by the Nigeria Police Force.

Macobarb boss bounced back to say he has reason to take out an action against the NLNG because of their alleged role in his said harassment and intimidation, arrest and detention of the contractor.

Ogboru said in court that instead of paying him the money, the NLNG resorted to all sorts of measures which he said included deployment of security agencies to intimidate him.

The Police and NLNG were represented by a team of lawyers led by Professor Bayo Adaralegbe, while Godsent Elenwa represented Ogboru.

Motions from both parties were taken before the main case was heard during which some heated arguments also took place. Prof. Adaralegbe opposed the further affidavit brought up by Elenwa for not first serving them the affidavit.

The judge, however, gave a nod for the affidavit to be admitted, saying it was okay if Elenwa’s client did not want it served.

Adaralegbe also noted that the offence committed by the applicant that led to his police arrest was that of perjury, saying they filed an affidavit motion which led to police action.

Elenwa, however, cut in to remind the opposing counsel that those issues were before another court of competent jurisdiction and thus needed not be mentioned here.

There were other objections by the NLNG some concerning the name Nigeria Liquefied Natural Gas (NLNG) but the counsel to Ogboru responded to the objections.

The judge had asked counsels to adopt their processes to set the stage for judgment.

Ogboru is asking the Federal High Court to declare his arrest as illegal. He wants the court to stop the Police and the NLNG and their present and past officials from alleged intimidation, harassment, and torture, as well as N1billion as general damages and N20million for the suit.

Date for the judgment would be communicated to both parties.

The counsel to the NLNG declined comments after the case but Elenwa for Ogboru stated thus: “Yes, it is a fundamental rights application and the issues are before the court.

As the applicant, we came to this court for the enforcement of the fundamental rights of our counsel who was forcefully and illegally arrested sometime in July 2022 by men of the Nigerian Police Force in collaboration with staffs of the Nigerian Liquefied Natural Gas (NLNG).

He was arrested and illegally detained over frivolous allegations. That was what made us to come to this court and seek the enforcement of his fundamental rights.”