A Chief Magistrate Court sitting in Port Harcourt has dismissed a suit brought before it by Macobarb International Limited against the Nigeria Liquefied Natural Gas Limited (NLNG) and two of its top officials.
The court presided over by Blessing Vic-Jumbo granted an application by lawyers to the NLNG, Babalakin & Co. seeking the leave of the court to appeal its ruling of Monday, February 7, 2022.
The NLNG, its immediate Managing Director, Tony Attah, and General Counsel and Company Secretary, Akachukwu Nwokedi, have been summoned by the court to face trial over irregularities associated with a contract the company awarded to Macobarb, one of its grade A contractors.
The court had earlier on February 7, 2022 overruled NLNG’s preliminary objection to the court summons. But the company sought the leave of the court to appeal the ruling.
When the case came on Tuesday, March 15, 2022, Chief Magistrate Blessing Vic-Jumbo ruled the NLNG, Tony Attah, and Akachukwu Nwokedi, can go for appeal, citing many supportive instances which accorded the High Court right of appeal even in preliminary objections in criminal matters.
She also struck out the substantive case, explaining that the condition for private prosecution is that the Police must enter an indictment through an investigation. Curiously, the Police, which had been ordered by the same court to investigate Macobarb’s claims has yet to tender its report.
The Chief Magistrate maintained that her court did the right thing by issuing an order to the Police to investigate the case but that despite several excuses and adjournments, the Police still failed to submit a report of its investigation, expressing her disgust over the failure of the Police to do its part even when every other party had done its part, stressing that it was not the responsibility of the court to investigate criminal complaints.
Vic-Jumbo, however, advised the plaintiff, Macobarb International Limited, and its Managing Director, Shedrack Ogboru to seek an order of mandamus to compel the Police to do its job and submit a report of its investigation, otherwise there is no case to continue in the criminal charge against the NLNG and its officials.
Reacting to the ruling, counsel to Macobarb, Morrison Uzoma, observed that the ruling appeared contradictory to his client, pointing out that in the same ruling, the court granted the NLNG the right of appeal and also ruled that there was no case to try.
He stated that his client would weigh the advice of the court to consider pursuing a mandamus ex-parte.
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