Follow Us on Google
From TONY JOHN, Port Harcourt
A Rivers State High Court in Port Harcourt has dismissed an application challenging its jurisdiction to entertain the case of an alleged $130 million fraud between Rivers State Government and Saipem Nigeria Contracting Limited.
Parties in the case in Suit No: PHC/3106/CR/2021, were Rivers State Government (Prosecution) and Saipem SPA (first defendant), Saipem Contracting Nigeria Limited (second defendant), Mr. Walter Peviana (third defendant), Kelechi Sinteh Chinakwe (fourth defendant), Giandomenico Zingali (fifth defendant) Vitto Testaguzza (sixth defendant) and Davide Anelli (seventh defendant).
The state government had sued the over alleged conspiracy to cheat and with intent to defraud the Rivers government of the sum of $130 million (US Dollars), being advanced payment for the construction of the OCGT power plant in Port Harcourt.
Justice Okogbule Gbasam dismissed the application in his ruling, yesterday, after several hours of submissions and counter-submissions by legal representatives in the matter.
The court ruled that it has jurisdiction to hear the case on the ground of facts that the information the parties pleaded to were not being questioned by the defendants.
However, at the last adjourned date, the court had fixed yesterday, to hear the preliminary objection filed by the first, second, third and sixth defendants.
The first, second, third and sixth defendants were represented by Mr. Odein Ajumogobia, a Senior Advocate of Nigeria (SAN). Fourth defendant was represented by Mr. Cosmas Enweluzo, SAN.
During the proceedings, the applicants (defendants) questioned the information that was filed on November 5, 2021, which had duly been amended.
The applicants (defendants) argued that an incompetent information could not be made competent by way of an amendment.
But, the state (prosecution) led by Godwin Obla, a Senior Advocate of Nigeria (SAN) objected vehemently to the objections raised by the applicants (defendants).
Obla, however, opened the case and tendered certain documents in support of the case. After a reasoned decision, the trial judge, Justice Okogbule dismissed the objection and ordered that trial should proceed.
Thereafter, counsel for the state, Obla, tendered documents across the bar to the court. But, defendants’ counsels objected to the process.
The judge adjourned the case till February 22, 23 and 24, this year, for continuation.
