Rivers: Court Hears Alleged $130m Fraud Case against Saipem Today

Blessing Ibunge in Port Harcourt

Rivers State High Court sitting in Port Harcourt has adjourned till today the commencement of hearing on the alleged $130 million fraud filed against Saipem Nigeria Contracting Limited by the Rivers State government.

Parties in the matter registered in Suit No: PHC/3106/CR/2021, include the Rivers State Government (Prosecution), Saipem SPA (1st defendant), Saipem Contracting Nigeria Limited (2nd defendant), Mr. Walter Peviana (3rd defendant), Kelechi Sinteh Chinakwe (4th defendant), Giandomenico Zingali (5th defendant), Vitto Testaguzza (6th defendant) and Davide Anelli (7th defendant).

The state government had dragged the defendants to court over an alleged conspiracy to cheat and with intent to defraud the state government the sum of $130 million, being advanced payment for the construction of the OCGT power plant in Port Harcourt.

At the resume hearing yesterday, after the last adjournment, on January 18, 2022, court fixed today and tomorrow (Friday) for hearing of the matter.

During the hearing, counsel for first, second, third and sixth defendants, Odein Ajumogobia, told the court that he had preliminary objection to the continuation of the trial.

Ajumogobia told the court that an objection was filed on January 31, 2022, and served on Tuesday, February 1.

Earlier, counsel for the state (prosecution), Godwin Obla, had argued that the first and second defendants (Saipem SPA and Saipem Nigeria Contracting Limited respectively), were not represented by anybody in any capacity.

Prosecution wanted the court to have it on record that, not having been represented by their representatives, but being represented by counsel, put them (first and second defendants) in category of persons that should be tried in absentia, stressing that it is the position of the law.

Others to be tried in absentia alongside first and second defendants included the fifth, sixth and seventh defendants.

Obla told the court that the practice was that the prosecution has about seven days to respond.

However, the defendants’ counsel, Ajumogobia, argued extensively about the jurisdiction of the court to entertain the case.

Justice Okogbule Gbasam earlier, admitted the submission of the state counsel and ruled that the first and second defendants would be tried in absentia.

The judge adjourned the matter till today for hearing of the objection and possibly continuation of the trial.

Speaking to Journalists outside the courtroom, Obla explained: “However, in the interest of justice, even the rules permit the judge to have proceeded. But, in the face of the objection attacking the jurisdiction of the court, the judge decided to abridge time to hear the applications, by giving less than 24 hours to respond and for the defence to reply on point of law orally.”

Buhari Foresees End to Insurgency, Senate Wants President to Deploy Fighter Jets to Flush out Terrorists

•Abdulsalami Abubakar laments worsening insecurity

•Boko Haram killing of 32 farmers, 11 security men in Niger, disheartening, says Senator

Deji Elumoye, Adedayo Akinwale, Sunday Aborisade in Abuja and Laleye Dipo in Minna

As Nigerians continue to lament killings by bandits and terrorist groups in the northern part of the country, President Muhammadu Buhari yesterday assured those living in the north-eastern part of the country that in the months ahead, they would witness a change from the protracted insurgency to peace and development in their respective communities.

The president made the pledge at the State House, Abuja, while inaugurating the Presidential Committee on the Repatriation, Return and Resettlement of Internally Displaced Persons (IDPs) in the North-East, shortly before the commencement of the weekly virtual Federal Executive Council (FEC) meeting.

However, former Head of State, General Abdulsalami Abubakar (retd) has lamented the worsening security situation in the country describing it as “frightening.”

This was just as the Senate has urged the federal government to as a matter of urgency, send fighter jets to flush out terrorists who are behind the killings and kidnappings in the country from their hideouts.

According to Buhari, at the advent of his administration in 2015, he had pledged to Nigerians that he would restore peace in the north-east and return it to the path of development and growth.

“I remain committed to this promise. To the people of the north-east, particularly the children and future of the north-east, we will never forget you and your courage, sacrifice and endurance has been exemplary.

”I pledge to you that in the coming months you will begin to witness a shift away from a protracted insurgency to peace building, stabilisation, and ultimately development in your respective communities as we embark on a revised approach to addressing this conflict- A Return to Normalcy,” he added.

Stressing the seriousness of the task assigned to the committee, the president warned its members that failing to deliver its specific terms of reference was not an option.

He announced that his administration was embarking on a revised approach to addressing the 13-year conflict and insurgency in the region and would not relent in efforts towards a return to peace and normalcy.

On the terms of reference for the Committee, the president emphasised that it entails a shift from managing the situation to activating a permanent solution for effective and practicable restoration.

He said the Committee, among others, was expected to develop a concise three-year action plan by the end of March 2022, that incorporates national and state level plans, providing a clear pathway for the restoration of peace and development in the north-east.

The Committee, he said, would also develop and implement a phased plan for the repatriation, returns, resettlement of IDPs and restoration of livelihoods, incorporating global best practices that give dignity to the affected populations.

According to the president, they would also be responsible for the development and implementation of a coordinated peace building and reconciliation programme that is culturally appropriate and community driven.

The Committee is also saddled with the responsibility of strengthening collaboration with key donors, development partners and private sector organisations that are critical to the mobilisation of resources and implementation of programmes.

Buhari charged the Committee members to adopt the guiding principles of accountability, delineation of duty and community-driven methods to address issues.

He said: ”Members will dedicate more time to the conduct of field visits to regularly engage with state government, communities and key stakeholders.

”Due to prevailing fiscal constraints, Ministries, Departments and Agencies will utilise existing budgetary resources and repurpose funds to programmes approved under this initiative.”

Buhari directed the committee to submit monthly progress report while the first progress review meeting would be held in the first week of March 2022.

Underscoring the enormous task ahead of the Committee, the president said: ”History beckons and Nigeria calls on you to be the team that finally charts this new path to the restoration of sustainable progress in the north-east and I strongly believe this could lead to the birthing of a template for addressing insurgency and instability in other parts of our country and across the world. ‘Failure to deliver on this task you have been assigned is not an option.”

Buhari also commended Governor Babagana Zulum of Borno State, who was present at the inauguration with his Gombe state counterpart, Inuwa Yahaya, for his unparalleled commitment to his people and exemplary leadership.

The president further expressed appreciation to the United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA) for support in the area of coordination of humanitarian actors and UNDP regional stabilisation facility, which is providing support in the area of security and the rule of law.

Members of the Presidential Committee on the Repatriation, Return and Resettlement of Internally Displaced Persons (IDPs) in the North-East included Ministers of Finance, Budget & National Planning; Attorney General of the Federation and Minister of Justice; Humanitarian Affairs, Disaster Management & Social Development; Interior; Foreign Affairs and Defence.

Others are the National Security Adviser, Inspector- General of Police, Chief of Defence Staff, Director General, State Security, Director-General, National Intelligence Agency, Director-General, North-East Development Commission, Federal Commissioner, National Commission for Refugees, Migrants & Internally Displaced Persons, Director-General, National Emergency Management Agency and Chief of Defence Intelligence.

Speaking after the inauguration of the committee, Zulum said states in the Northeast region would give the required support to the committee so as to bring about the desired result.

According to him: “Indeed, we are so much happy, especially those of us that are in the north-east because thousands of people were displaced, some are taking refuge in the Republic of Chad, in the Republic of Niger, Cameroon and this is the time that the federal government of Nigeria, in collaboration with the state government of the Northeast, will facilitate the repatriation of the internally displaced persons that are living in our neighboring countries to Nigeria.

“The committee is also to look into the management of the repentant Boko Haram members. So indeed, we are so grateful and the entire north-eastern government will give maximum support to this committee.

“We will provide the necessary support to the federal government under the distinguished leadership of Mr. President, we shall provide on support and Minister of Humanitarian Affairs and others and the military to ensure that this process yields the desired result.”