Reprieve came the way of the Nigeria Liquefied Natural Gas and its top officials, who are facing allegations of contract scam in a Port Harcourt Chief Magistrate Court on Tuesday.
The court granted the defenders leave to appeal its earlier ruling throwing out their preliminary objection.
Chief Magistrate Blessing Vic-Jumbo, in her ruling on Tuesday, said the NLNG, its immediate past Managing Director, Tony Attah; and the company’s Head of Legal, Akachukwu Nwokedi, could go on appeal and cited many supportive instances, which gave the High Court right of appeal even in preliminary objections in criminal matters.
The magistrate also struck out the main case, saying the condition for private prosecution was that the police must enter an indictment through an investigation.
She said 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 their investigation.
Vic-Jumbo expressed disgust that all the parties had done their part, except the police, pointing out that the court was not to carry out the investigation.
She 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 was no case to continue in the criminal charge against the NLNG and its principal officers, who were accused of false pretences, fraudulent tricks and misrepresentation over a contract given to Macobarb International in 2014.
Reacting, counsel for Macobarb, Morrison Uzoma, said the court had granted the right of appeal to the NLNG team, but also ruled that there was no case to try, saying it appeared contradictory to his client.
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