A Federal High Court sitting in Port Harcourt has reserved its judgement on a fundamental human right suit brought against the Nigeria Police and the Nigerian Liquefied Natural Gas (NLNG) Limited as well as some of its staff, by an indigenous contractor, Shedrack Ogboru, the chief executive officer of Macobarb International Limited.
The trial judge, Justice Stephen Daylop-Pam, had after listening to motions from both parties yesterday, went ahead to hear the case, and thus moved judgment to a date yet to be determined.
Ogboru had in 2023 dragged present and past top officials of the NLNG and the Inspector General of Police as well as the Police Service Commission (PSC) to court over his arrest by the multinational energy company in July 2022.
The aggrieved contractor had taken out the suit to enforce his fundamental human right and the case was mentioned on July 5, 2023, at Federal High Court 4, in Suit No. FHC/PH/FHR/154/2023 with respondents listed as the NLNG, Mr Tony Attah (NLNG former managing director), Mr Akachukwu Nwokedi (the head of legal), Bayo Aderele (a senior staff member), the Inspector-General of Police, and the Police Service Commission.
Ogboru has had many running legal battles with the NLNG over a N4.2billion 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.
Macobarb boss bounced back to say that he has reason to take action against the NLNG because of their alleged role in his harassment, intimidation, arrest and detention.
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.
When the case reopened yesterday, the police and NLNG team were represented by lawyers led by Professor Bayo Lara Alegbe, while Godsent Elenwa represented Ogboru.
Motions from both parties were taken before the main case was heard. Some heated arguments also took place. The professor (Legbe) opposed the further affidavit brought up by counsel to the applicant (Elenwa) for not first serving them the affidavit.
The judge however gave a nod for the affidavit to be admitted.
Alegbe also noted that the offence committed by the applicant that led to his 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 in this court.
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 judgement.
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.
Above all, Ogboru is asking for N1billion as general damages and N20million for the suit.
The 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.”
