Port Harcourt Chief Magistrate Court has granted the Nigeria Liquefied Natural Gas (NLNG) ex-managing director, Tony Attah, and the company’s head of legal team, Akachukwu Nwokedi, leave to appeal earlier ruling against their preliminary objection to a case of alleged criminal breach of contract.
The Chief Magistrate, Blessing Vic-Jumbo, during the ruling, yesterday, also struck out the substantive suit, saying in condition of private prosecution, the police must enter an indictment through an investigation, a condition the complainants were yet to meet.
The complainants, Macobarb International and its Managing Director, Shedrack Ogboru, had dragged the accused to court to face charges bordering on false pretences, fraudulent tricks, and misrepresentations in a contentious contract awarded to Macobarb.
The judge recalled how the 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 report of their investigation.
She regretted a situation where every party had done its part but the police still failed to do its part. Vic-Jumbo advised the complainant/respondents, Shedrack Ogboru and Macobarb International, to go by way of order of mandamus to compel the police to do their job and submit a report of their investigation, else, there is no case to continue in the criminal charge of the NLNG and the principal officers being involved in the case since 2014.
Reacting, the counsel to Macobarb, Morrison Uzoma, said the court has granted right of appeal to the NLNG team but also ruled that there was no case to try. He said it appeared contradictory to his client.(The Guardian)
