A Niger Delta based company, Macobarb International Ltd has launched a claim of N1.5b against the Nigeria Liquefied Natural Gas Company Ltd (NLNG) for contract abuse from 2014
In a petition which was sent to the National Assembly and the Nigeria National Petroleum Company, Mr. Shedrack Ogboru, Managing Director, Macobarb claimed among others that the refusal of NLNG to pay the company for job executed, led to the forced resignation of Diamond Bank staff, Mr. Christopher Ukah, by whom Macobarb secured a N68 million Loan for the Contract.
The company blamed one, Bayo Adenrele for his baseless rejection of Macobarb Design, “Roof Cover over RA1 Football Field Spectators’ Stand”, as head of PEO, dept in charge of Design in 2010. “His Superiors approved design, engaged Macobarb and another to use Macobarb design to Construct Stand for NLNG. The stand as Constructed by Macobarb is a beauty appreciated by all in NLNG till date. That his superior approved Macobarb design against his expressed wish, is reason for his grouse against Macobarb”, Mr Ogboru lamented.
“Mr. Bayo Adenrele would without any respect to the constitutional dignity, personal rights of the MD of Macobarb, discriminate against him in several particulars not limited to treating the MD of Macobarb with disdain and walk him out of his office when he came to seek the reasons why he is delaying or has refused to sign his portion of the certificate
Fortunately, Mr. Ogboru pointed out that, “NLNG personnel framed the Contract, so if anyone should know the details and operations of the contract it was NLNG. But from the following particulars it would seem there is disconnect between the framers of the contract and the personnel having the final say on implementation of the contract.
Contracted, an NLNG senior official told reporters that that the contractor should go to court if he has any issue with the company as they were provisions in the contract for arbitration. However, Mr. Ogboru responded by explaining to journalists that the game plan of NLNG was to frustrate local companies and the local content act. He said they wanted him to go to court because they knew that court processes in Nigeria sometimes might last for over 10 years by which most of the key actors would have left the company and the new management might not understand the intricacies of the contract. NLNG is partly owned by NNPC, 50%, Shell of Netherlands, 25%, Total of France, 15%, and Agip of Italy, 10%,
Below is a detail of the contract as sent to the National Assembly and the NNPC by Macobarb Managing Director, Mr. Shedrack Ogboru.
Summary of Nigeria Liquefied Natural Gas Company Ltd (NLNG) Contract abuse and Liability of One Billion, One Hundred and Forty-Seven Million, Fifty-Seven Thousand, Five Hundred Naira (NGN1,147,057,500.00) owed Macobarb International Ltd (Macobarb) on Contract No. B130142PPI Titled: Access Control to CCR, Laboratory, Shutdown Village and Gas Plant Area Improvement Project.
(1) NLNG awarded the Contract No.B130142PPI as titled above and dated 9th January 2014 to Macobarb on 10th January 2014 (here attached and filed as Enclosure No.1). (2) Macobarb has contractually related with NLNG for over 10 years, since 2006, and as a minor Civil contractor, executed over 62 Civil construction projects (here attached and filed as Encl. No.2) worth over Three Hundred And Fifty Million Naira (NGN350,000,000.00) in cumulative value meritoriously and hitch free within the 10 years HISTORY.
In appreciation of Macobarb professionalism on its projects, NLNG promoted Macobarb to its highest Construction category, the EPC (Engineer, Procure, and Construct) bracket. In NLNG HISTORY (since 1989), Macobarb is the only indigenous Civil Contractor so elevated. (3) Macobarb got a loan facility of Fifty Million Naira, NGN50,000,000.00 (here attached as Enclosure No.3), which was later enhanced to Sixty-eight point eight Million (NGN68,800,000.00) from Diamond Bank on the 4th of February 2014 to realise the NLNG contract.
With this facility Macobarb mobilised Equipment and personnel (here attached and filed as Enclosure No.4) to site and performed under the terms of the contract and accomplished the most difficult aspect of the contract, in the overseas procurement, fabrication and Page 2 of 13 delivery of NLNG requested Materials to NLNG (here attached and filed as Enclosure No.5). (4) Macobarb, within 6 Months of contract execution, valued its first milestone achievement (Work done) on contract as (NGN32,079,723.10) and requested payments as agreed by contract terms (here filled as Encl. No.6).
The NLNG Representative on contract, Mr. Dweller Francis and NLNG cost Engineer, Evans Brown valued Macobarb work done with reasons not contested by Macobarb as (NGN28,072,74.15) and raised an interim certificate of Work done in favour of Macobarb and signed same with Marek Poproch, the Senior Construction Supervisor.
However, Head Project Services, Mr. Bayo Adenrele, the 5th and last signatory of the interim payment certificate refused to sign his portion with the excuse that the Minutes of Meeting No.4 of 26/03/2014 (here filled as Encl. No.7) by which the schedule of payments was agreed for the Turnstiles and vehicle barriers (NLNG overseas requested Materials), was not acceptable to him, despite several entreaties. He insisted that the NGN19,161,894.80 component of the Macobarb valuation, which is 50% of NGN38,323,789.56, Macobarb Bill of Quantity cost of Turnstiles and Vehicle barriers to NLNG (Pg 8 of 10 in BoQ). Against Contract Terms, through the action of its staff, Bayo Adenrele, NLNG short paid or part-part Macobarb only NGN8,072,754.15 (Enclosure No.8). See Minutes of Meeting No. 8 to also see the level of Work done as at 1st Valuation of June. Note:
Within 3 Months of the Contract award, Macobarb had achieved the following progress summary as at 25th March 2014 on each sector of the EPC Contract: Engineering Plan 80%, Actual 60%; Procurement Plan 40%, Actual 15%; Construction Plan 2%, Actual 0% (set out in Minutes of Meeting No4 of 26th March 2014 and filed here as Enclosure No.7) and as 25th of June 2014 (6 Months within contract award) by Minutes of Meeting No.8 (filed herewith as Enclosure No.9) Macobarb had achieved the following progress summary as at 10th June 2014 , on each of the EPC Contract: Engineering Plan 80.2%, Actual 74.8%; Procurement Plan 40%, Actual 30%; Construction Plan 8%; Actual 0.8%. The foregoing was made possible because Macobarb had invested over NGN65,000,000.00 (Sixty five Million Naira) of banking credit facility and its own Money into the Contract. Page 3 of 13 It is of utmost importance to note that the Contract provides it should be administered by Meetings which shall be formally Minuted as stipulated in Section 7, page 28 of 48 of the General Conditions of the NLNG Contract (GCC), Article 6.0 (MEETINGS) and Article 3.2 (Reporting and Correspondence), Clause 3.2.2 in page 25 of 48 (GCC), Specifies that: “Minutes of Meeting May Comprise a written instruction”. These Contract Conditions are photocopied and presented in a separate folder tagged “Critical Contract Conditions Relevant to the NLNG derailment of its Contract” and attached to this mail.
Macobarb, noted at working level, to NLNG that this part payment for work done was going to derail its carefully laid out cash flow on project with the consequences of strangulating Contract financially. NLNG via mail exchanges between Anene Promo of Contract dept (CPM) and Murtala of finance department acknowledged the financial challenge forced on Contract by Mr. Bayo Adenrele whom they indeed approached to pay Macobarb the Valuation of NGN28 Million naira to no avail, directed Macobarb to source funds from NLNG Vendors Finance Scheme, NVFS – (here filled as Enclosures No.10 & No.11). In Macobarb contract HISTORY with NLNG or any other client, Macobarb has always sourced and arranged its contract finance needs and has never, in particular asked NLNG to help finance its projects. It was easier for NLNG to have asked the Head Project Services, its staff, to pay Macobarb for Work done according to its contract terms. (7) By a mail dated, 30th July 2014 (Enclosure No.12), Macobarb informed NLNG it was no longer able to further fund project and was idle on contract and consequently on downtime/Standby, until the inordinate impediment on the contract execution, in payment denial, was removed.
Even Macobarb request (Enclosure No.13) to Diamond Bank to be allowed the re-use of the 8Million Naira expected payment did not help the situation, as Diamond Bank refused request by applying the NGN8 Million Naira to liquidate Interest charges on loan and the balance to part-liquidate Principal (Enl.No.14). (8) By mail from Richard Lace dated Friday, August 22nd 2014 (Encl. No.15), Macobarb was informed that the production of Turnstiles and Vehicle barriers requested by NLNG was completed and Factory inspection and test could be conducted in Manufacturers Plant in South Africa. Inspection Report was Page 4 of 13 excellent and Macobarb shipped and delivered Materials to NLNG February 15th 2015 (Encl.No.16 & 17). (9) 2 ND Valuation of NGN33,588,401.76 interim payment certificate was raised (Enclosure No.18) for payment of Materials Macobarb delivered to NLNG. Again, Dweller Francis (NLNG Representative on Contract), Evans Brown (NLNG cost Engineer on Contract), Joseph Kikiowo (NLNG Senior Cost Engineer), Marek Poproch (NLNG Senior Construction Supervisor) all Signed but Head Project Services, Bayo Adenrele, for the 2nd consecutive times refused to sign while at the same time canvassing for termination of contract, according to him for lack of performance by Macobarb. (10) Having been reliably informed that Head Project Services was victimizing Macobarb for a design “Roof over RA Football Pitch Stands” it to present to NLNG in May 2010, Macobarb protested the persistent payment denials to NLNG MD, Babs Omotowa, in a mail titled ‘Bayo Adenrele Crippling HighHandedness’ of 2 nd June, 2015 (here filed as Encl. No.19). Macobarb in a follow up mail to the GRC Manager, Sani Ahmed of 13th July, 2015 further showed justification and basis for claim on Contract for the NLNG induced delays on Contract. (11) Via Minutes of Meeting No.17 of 09/07201 (Encl. No.20) signed 13/07/2015, NLNG Executive Management through the Meeting informed Macobarb thus: Clause 5.4.3: NLNG informed MIL (Macobarb Int’l Ltd) that feedback from NLNG Executive Management on review of a whistle blowing allegation on Non-Release of interim payment certificate is that: · “The Project Team should provide immediate feedback to MACOBARB on contract resolution regarding payment and option progress for the work. · Cancellation of the MACOBARB Contract is not an option · The Project Team should discuss payment milestones with MACOBARB and CPM and pay vendor for materials at site.”
Macobarb in same meeting requested for extension of time to compensate for one year lost in contract due to payments denials. (12) Macobarb was made to understand that Head of Project Services, Bayo Adenrele, who was not concerned about the successful delivery of project but Page 5 of 13 his determined objective to label Macobarb as not performing on contract, incompetent and terminate contract, insisted that Macobarb should not be invited for the meeting as directed by Executive Management. He, instead, orchestrated Macobarb to meet with another group different from the Project Team on the 28th of July 2015 (here filled as Enclosure No.21).
The sole purpose of this meeting, by its agenda as communicated to Macobarb, was to Change the NLNG Contract Payment Terms and conditions, to hide NLNG (Bayo Adenrele) track of misdeed on contract, in consecutive payment denials. Macobarb duly informed NLNG in the meeting that any change in contract payment terms that would be at variance with the Contract as awarded Macobarb, and 18 Months into contract Execution, was not acceptable. (13) Another meeting involving a higher echelon of NLNG staffs was schedule for 6th October 2015 to continue the charade to label Macobarb as haven not performed on contract. Unknown to Macobarb, Francis Ekhuemelo, Macobarb key personnel involved in the Claim meetings, had been compromised to ensure Macobarb did not come to the Oct. 6th 2015 Meeting with Critical documents relevant to the NLNG failings on contract.
Having been deceived by Mr. Ekhuemelo that this 1st Meeting with NLNG Managers, by his experience, would not require documents as it would only be exploratory to determine the agenda for subsequent series of meetings (which he estimated to be over 10 before a resolution is reached), Macobarb came with no document to this Meeting. This meeting lasted barely 10 minutes, as Macobarb was asked to relate his claim to Contract and without relevant documents, could not articulate or substantiate the NLNG mismanagement of contract. It is also important to note that Macobarb project Manager, Mr. Edore Uguala and Engr. Felix Aizenofe on subject Contract had summarily resigned and picked up appointments with NLNG Contractors- Karamat Nig. Ltd and Arcon respectively. These Macobarb personnel were induced by elements in NLNG to abandon Macobarb, as a way to isolate, intimidate and frustrate Macobarb (Enclosures Nos. (22, 23). Macobarb was thereafter hurried out of the Oct. 6th Meeting with a request to bring a proposal on the way forward on contract within 2 weeks. (14) Macobarb submitted the requested proposal on 19th Oct. 2015. Seeing this opportunity as window to show NLNG, the mind boggling abuse and disdain for Page 6 of 13 its crafted contract, Macobarb gave copious evidence in documents, contract terms and conditions violated and the remedy same contract avails Macobarb for these abuses (Enclosure No.24). Francis Ekhuemelo, had again swung into action to dissuade Macobarb from enclosing documents in the requested proposal with the Warning that NLNG will terminate the Macobarb contract if Macobarb showed evidence of its staff culpability in derailing contract. Macobarb Personnel, Francis Ekhuemelo, who had earlier left the responsibility of presenting requested proposal to Macobarb MD & Barrister Mudiaga, in a last minute efforts to do his NLNG masters biding, sent his version of the Proposal to be sent on Saturday, 17th October 2015 (Encl. No.25). Macobarb MD, having suspected the mission of its staff on behalf of some elements in NLNG, kept Ekhuemelo in the dark as the proposal being prepared for NLNG.
On learning that Macobarb had included evidence in the proposal, via sms messages to Macobarb MD, Ekhuemelo declined on 17th Oct. 2015 to further participate with Macobarb in Meetings with NLNG, over claim on Contract and summarily left Macobarb till date. Having now realised Macobarb had wizened up to his mission on behalf of elements in NLNG who contracted him to do dirty Job on Macobarb, threw in the towel. His strange resignation was easily understood by the fact that having been “settled” to derail Macobarb quest for justice, haven failed, could not further explain his presence in Macobarb team and of course, was also certain Macobarb would be chased out of NLNG as he has been told to forewarn Macobarb. (15) NLNG, in a mail dated 20th November 2015 (Encl. No26.), without acknowledging Macobarb proposal it requested or any form of response to the proposal before it, summarily terminated contract with a mail it dated and sent Friday 20th Nov. 2015 to Macobarb Delta State Office with 3 days Notice and terminated contract on Monday, 23rd November 2015.
In reality, NLNG did not give Macobarb the mandatory 3 days Notice as stipulated in the Contract Article 34 (i) of the General Conditions of Contract (GCC) page 18 of 23 it applied to terminate contract and as such, the termination was dead on arrival and a nullity, by contract provisions. Macobarb saw electronic copy of mail via its Phone on 22nd Nov. 2015 and formally responded to mail on 23rd Nov. 2015 (here attached and filed as Encl. No.27). Thus the only day NLNG gave to Macobarb to remedy its alleged breaches of its contract was same 22nd Nov. 2015, a Sunday. What days NLNG gave with one hand, it took with another Page 7 of 13 hand.
The other provision of termination it could have used in Article 36 specified not less than 14 days notice and made provisions for expenses or downtime/standby to be added to the contract. NLNG was running away from suspending or terminating the contract under this refund portion and syumbled in its choice of Article 34 to Terminate Contract. To circumvent the standby/downtime claims of Macobarb and ensure that the sole objective of NLNG staff to terminate the contract was carried out, a 3 day Notice of default/termination was issued to Macobarb as a prelude to the termination.
The NLNG letter of Friday, 20th November 2015 (attached as Enclosure No.26) which required that the alleged “defaults are remedied within 3 days from the date hereof”, shows motive of a made up mind as against phrasing “from the date of your receipt of this letter”. In any way, the letter was sent to Warri Delta State which was never received by Macobarb and the email letter or notification was received and read 22nd November 2015. Thus any remedy or response should come to NLNG by Sunday, 22nd November 2015. So in reality there was no 3 days Notice as NLNG has actually removed the 3 day remedy/grace period to remedy the “defaults” contrary to contractual stipulations because it was in a hurry to terminate the contract. Therefore this 3 days Notice letter will be set aside and the termination letter is also a nullity as it rests on a faulty 3 days Notice. (16) Macobarb response to Notice of defaults/Termination (Enclosure No.27) and NLNG termination (Enclosure No.28) letter of 27th November 2015 refer. Please note that in the same NLNG 3 days notice letter (Enclosure No.26) provides that “please contact Francis Dweller….who is the contract holder for this contract…..immediately after 3 days indicated above to discuss the contract close-out”. They had terminated the contract in their minds without waiting for a response and were asking Macobarb to come after 3 days to discuss contract close out before the contract was terminated. Thus they made it clear that any response from Macobarb or repair of any “defaults” by Macobarb was not to be considered. This was evident by the non consideration or reference of Macobarb response dated 23rd November 2015 (Received), in NLNG termination letter of 27th November 2015. NLNG did not bother to look at it, to consider it or even refer to it in their termination letter. Macobarb has been shut out of its rights to fair hearing, its rights to a consideration and determination of its response/default remedy steps by NLNG and Page 8 of 13 fundamentally, its rights to a 3days notice under the contract. So what NLNG gave with one hand/letter it took with the same hand/letter. In an effort to discuss with NLNG over its Contract Abuse, Macobarb through solicitor Kieran Gozie, invited NLNG to a meeting (here attached and filed as Encl. No.29). NNLG did not only refuse but threatened not to Pay Macobarb for Materials it has delivered to NLNG and had committed over 65Million Nara in efforts to realise Contract, except Macobarb proceeded to perform Contract close out (here attached and filed as Encl. No.30) (17) On 31st March 2016, Macobarb Presented a “NOTICE OF DISPUTE” to NLNG as bases for Contract Dispute mediation process as enshrined in the Contract. Macobarb appointed Barr. Aghedo Emmanuel of Intellegal Partners, as its external Representative. The Mediation Report: “MACOBARB/NLNG ‘RESOLUTION BY EXTERNAL REPRESENTATIVES’ Meeting of 12/04/16 is (here attached and filed as Enclosure No.31). NLNG refused to participate in its contract mediation processes. (18) Macobarb, in a mail dated 18th May 2016, pointed to NLNG MD, Babs Omotowa, how NLNG was deliberately and consistently violating its contract processes, even in refusal to participate in its Dispute Resolution and requested a 2nd meeting (here attaché and filed as Enclosure No.32). NLNG via its mail dated 20th May 2016 (here filed as Enclosure No.33) accepted a 2nd meeting slated for 2nd June 2016. (19) NLNG MD, Babs Omotowa, on the eve of his departure from NLNG as its MD, saw Macobarb’s innoncence and re-awarded the (wrongly terminated) remaining portion of Contract prior to termination back to Macobarb in its mail of 3rd June 2016, “WITHOUT PREJUDICE” mail (here attached and filed as Enclosure No.34) without addressing the 672 days delays NLNG has deliberately subjected Contract in the costs Macobarb has incurred by the delays. (20) Macobarb brought the new NLNG MD, Mr. Tony Attah, up to date on the NLNG Contract abuse in a mail dated 21st September 2016 and the NGN1,147,057,500.00 (One Billion, One hundred and forty-seven Million, fifty- Page 9 of 13 seven thousand, Five hundred Naira (here attached and filed as Enclosure No.35) liability owed Contractor as at 2nd June, 2016. Mr. Tony Attah, NLNG new MD has not responded to Macobarb mail till date. (21) Macobarb continues to seek resolution of dispute which elements inside NLNG who threatened have to delist Macobarb from the IOCs (International Oil Companies) list of contractors, continue to frustrate. NLNG continues to refuse to be subjected to its own mediation processes as here enclosed and filed as (Enclosures No.36, 37). Instead, submitted a distorted account of its abuse of Contract, in a mail dated 19th October 2016 (Enclosure No.38) to Senate Committee Chairman on Gas, advising Macobarb to go to the court. Macobarb response to NLNG mail to Senator Albert Akpan is here enclosed as (Enclosure No.39). Macobarb has been reliably informed that NLNG hopes to frustrate Macobarb in the Courts endlessly until the elements behind these unethical practices in NLNG retire to avoid being held accountable. Meanwhile, Macobarb, an indigenous Company with proven track record of meritorious performances suffers endlessly with it staffs and dependants. Macobarb respectfully request your intervention as Macobarb had done nothing to deserve the clobbering NLNG has unleashed on this hapless Indigenous Company. (22)
The Bank loan taken for the realisation of the NLNG Contract is still accruing interest charges till date and CBN has classified it as “BAD” debt. Macobarb can’t source and obtain loan for any business until the Diamond bank to whom Macobarb domiciled its account as collateral and condition for the loan, is liquidated- (here attached and filed as Enclosures Nos.40 & 41). (23) Having succeeded to terminate Contract as his main objective, Bayo Adenrele finally signed and paid for Material Macobarb delivered and NLNG received in February 2015, in February, 2016 (here attached and filled as Encl. No.42). This is same Materials NLNG Executive Management, by instruction in Minutes of Meeting No.17 of 09/07/2015, directed Contract Holder/Project Engineer and NLNG project Team to pay Macobarb, since, as dated. Page 10 of 13 (24) NLNG would lead Macobarb one way and do another Thing and hold Macobarb liable.
NLNG personnel framed the Contract, so if anyone should know the details and operations of the contract it was NLNG. But from the following Particulars it would seem there is disconnect between the framers of the contract and the personnel having the final say on implementation of the contract. Thus in the following ways NLNG would lead Macobarb one way and do another thing and hold Macobarb responsible. NLNG is stopped from doing so, in my solicitor’s opinion: a. Following the notification by Macobarb of its standby claims due to the non approval and delay or denial of payment by NLNG, meetings were held and by Minutes of Meeting No.17, NLNG had said that “cancellation of the contract was not an option”. NLNG then seemed to understand the position of Macobarb and sought a way to resolve the claim and promised to pay. This led Macobarb the next day to write the MD and thank him (here attached and filed as Enclosure No.43). However the contract holder would call Macobarb later to seek to withdraw the Minutes of Meeting No.17 which were drawn up by NLNG staff, that they sought to further clarify the minutes after it had been approved. However, to Macobarb astonishment, the phrase that “cancellation of the contract was not an option” was now deleted from the minutes (here attached and filed as Enclosure No.44). This was the clarification NLNG was doing; To give assurances and guarantees and withdraw them. b. Approve Minutes of Meeting No.4 and depart from it. c. Approve Minutes of Meeting No.17 and depart from saying that cancellation of the contract was not an option. d. State by several Minutes of Meeting it was going to pay Work done and refuse to pay. e. Introduce the Head project services into the invoice verification process whereas Macobarb was assured by the Contract that it was only the Contract Holder who had the final say. Page 11 of 13 f. Introduce an interim payment certificate process which was unknown to the Contract or Macobarb before its payment would be made. g. Give 3 days notice to remedy default by letter and within the same letter and practice takes away the 3 days. h. Provide for standby / downtime claims and refuse honour same when Macobarb makes a claim. i. Create the NVFS (Nigeria Vendor Finance Scheme) and refuse Macobarb to partake in it knowing its investment and cash flow problems which NLNG created. j. Promote Macobarb to EPC contractor category (Highest Engineering/Construction Category) and knock Macobarb out of NLNG Jobs altogether. (25) NLNG broke constitutional Provisions of fair hearing. a. NLNG staff Mr. Adenrele Bayo would without any respect to the constitutional dignity, personal rights of the MD of Macobarb and discriminate against him in several particulars not limited to treating the MD of Macobarb with disdain and walk him out of his office when he came to seek the reasons why he is delaying or has refused to sign his portion of the certificate. b. NLNG refused Macobarb to make oral or other written representation to it following the presentations claims for downtime or standby. c. NLNG within 3 days of receiving its “default” letter denied (here attached and filed as Encl. No.45) the claims without recourse to contractual provisions. d. NLNG refused to make any monetary or any kind of offer to Macobarb in satisfaction of the claims. Page 12 of 13 e. NLNG took a decision to refuse to add the claims to the contract price as enshrined in the contract provisions without requesting or allowing Macobarb to make a representation to it on that point. f. NLNG made an internal decision to truncate this contract as a means to truncate the standby / downtime claims of Macobarb. g. NLNG may have made an active decision that profit over its much touted integrity and honesty shall be the guiding parameters in this contract. h. NLNG has not offered any apologies or sought for any understanding or solutions for the bad managements of this contract by Mr. Adenrele. i. NLNG prevented Macobarb from rectifying any alleged ‘breach’. NOTE: The Contract provided for progress reports every 2 weeks to be submitted at Meetings with NLNG which progress reports will state man hours worked, personnel deployed, challenges faced.
These Meetings result in Minutes of Meetings which are numbered and approved by the parties. At these Meetings, Macobarb provided all the vehicles deployed and Equipment as at date and the details of workers available on ground and the man hours worked. At no time in these meetings did NLNG discountenance these progresses meetings details or raised these alleged defaults breaches captured by its letter of 20th November 2015 where it gave Macobarb 3 days to rectify same and the breaches raised did not in anyway affect the performance of the works or address the Standby /downtime claims Macobarb had raised with NLNG. (26) Damages: As a result of NLNG unethical conduct and abuse of Business Ethics in this contract, Macobarb has sustained contractually stipulated losses in an amount quantified by forensic accountants, in any event, not less than NGN1,147,057,500.00 (One Billion, One hundred and forty-Seven Million, FiftySeven thousand, Five hundred Naira Only) as at 2nd June 2016, when in a meeting with Macobarb, the MD of NLNG – Babs Omotowa appreciated the wrongful termination of the Macobarb Contract and re-awarded same back to Macobarb and ipso-facto must add the sum NGN1,147,057,500.00 (being costs Page 13 of 13 incurred by Macobarb in 672 days NLNG kept Macobarb Equipment and key personnel idle and on standby on Contract) as stipulated in contract, to the contract sum. Additional Information: Enclosure No.46: Petition to ICPC for investigation of Contract abuse & Enclosure No.47: Withdrawal of ICPC Petition. Enclosure No.48: Standby Cost Occasioned by Over One Year Client Induced Delay on Contract B130142PPI. Enclosure No.49: Forced Resignation of Diamond Bank staff, Mr. Christopher Ukah, by whom Macobarb secured Diamond Bank Loan on Contract. Enclosure No.50: Bayo Adenrele baseless rejection of Macobarb Design, “Roof Cover over RA1 Football Field Spectators’ Stand”, as head of PEO, dept in charge of Design in 2010. His Superiors approved design, engaged Macobarb and another to use Macobarb design to Construct Stand for NLNG. The stand as Constructed by Macobarb is a beauty appreciated by all in NLNG till date. That his superior approved Macobarb design against his expressed wish, is reason for his grouse against Macobarb.
For: Macobarb Intl Limited
Shedrack Ogboru (Managing Director)
