A Rivers State High Court has dismissed a motion brought before it by the Nigeria Liquefied Natural Gas Limited (NLNG) to stop the hearing of the substantive matter in the case filed against it by one of its erstwhile contractors, Macobarb International Limited.

Dismissing the motion when it came up before him on Tuesday, June 20, 2023, the presiding judge, Justice Chinwendu Nwogu predicated his decision on the ground that the interlocutory ruling, which led to the interlocutory appeal, should be appealed together with the substantive ruling when it comes.

He asserted that technicalities and motions should not be allowed to stall substantive matters by those seeking justice, stating that that such appeals should wait till final judgment so that all appeals can go at once.

Macobarb had filed a civil suit claiming indemnity in billions for losses incurred in a contract of 2014, in Suit No. PHC/2013/CS/2022. But the NLNG filed a motion that the case was filed out of time and that Macobarb’s CEO, Shedrack Ogboru was not to be a party to the suit.

But Justice Nwogu ruled that the case was competent and awarded N200,000 cost against the NLNG for wasting the time of the court.

NLNG filed an appeal at the Appeal Court in Port Harcourt but brought a motion to stop any hearing at the High Court pending outcome of the appeal. Macobarb countered it and the judge fixed June 20, 2023 for ruling.

Chukwuemeka Akwuroha led the NLNG team while Joshua Ene, represented by Morrison Uzoma stood in for Macobarb for the ruling.

Referencing the Supreme Court’s positions on several cases, especially, the one on Amadi vs NNPC, the judge said that the case under review is similar to this and that the suit lingered for 13 years in the Court of Appeal before coming back, noting that allowing this kind of motion would definitely lead to the same outcome.

He, therefore, discountenanced the motion in the interest of justice and to serve the interest of both parties, urging both parties to proceed with the hearing and any party that disagrees with the eventual judgment and/or on any interlocutory ruling along the way can join all objections and file one appeal.

By this, the hearing of the substantive suit will now proceed on Wednesday, July 19, 2023. Reacting to the ruling, Managing Director of Macobarb, Shedrack Ogboru rejoiced over the fact that at last “this is a landmark ruling for Macobarb for the interest of justice”.

He noted that he would now have a chance to place the facts of the matter before a court of competent jurisdiction since 2014 when the contract was awarded.