The Government of Rivers State has filed a suit against former governor, Chibuike Rotimi Amaechi, Tonye Cole, the governorship candidate of the All Progressives Congress (APC) in the state, and five others at the Port Harcourt High Court for allegedly conspiring to steal the sum of $274, 563, 599 accruable from the sale of the state assets.
According to the suit with No. PHC/1818/CR/2022, other defendants are Chamberlain Peterside, Augustine Wokocha, Sahara Energy Resources Limited, NG Powers-HIPS Limited, and Cenpropsaroten Hotel Management Limited.
In a nine-count charge bordering on conspiracy, stealing, and cheating, the defendants were accused of “stealing the sum of $274, 563, 599.59 USD, being proceeds from the sale of 70 percent equity held by the Rivers State government in the power generation assets at Omoku Gas Turbine, Trans-Amadi Gas Turbine, Eleme Gas Turbine, and Afam Gas Turbine Phase I to NG Powers-HPS Limited.”
The state said the offence, which was committed between 2011-2012 in Port Harcourt, was contrary to Section 516A (a) of the Criminal Code Law, Cap. 37, Volume 2, Laws of Rivers State of Nigeria, 1999.
In count two, the state alleged the accused persons committed the crime contrary to section 383 and punishable under section 390 (9) of the Criminal Code Law, Cap. 37, Vol. 2 Law of Rivers State of Nigeria, 1999.
Similarly, on count three, the fourth, fifth, and seventh defendants, between 2011-2012, within Port Harcourt Judicial Division, were accused of intent to cheat, “agreed to purchase from Rivers State government 70 percent equity held by the state in the power generation assets at Omoku Gas Turbine, Trans-Amadi Gas Turbine, Eleme Gas Turbine and Afam Gas Turbine Phase I the sum of $302, 960,000.00 USD.”
On counts four and five which bordered on conspiracy to defraud, the offence allegedly committed by the defendants was said to be contrary to section 422 of the Criminal Code Law, Cap. 37, Vol. 2, Laws of Rivers State.
In Count Six, the government claimed that Amaechi, Sahara Energy, Cenpropsaroten, and Cole conspired among themselves to commit felony by stealing $ 1 million, the concession fee the defending companies paid to the Rivers State Government for the concession of the Olympia Hotel for a period of 40 years.
The prosecution on proof of evidence has a list of five witnesses for the case.
The inventory documents to be relied upon by the prosecution include the Shares Sale and Purchase Agreement between the state government and Rivers State Ministry of Finance Incorporated and First Independent Power Limited and NG Power-HPS Limited.
Another inventory the prosecution would rely upon will be Access Bank Statement, Bank Road, Port Harcourt, January 1, 2013 – August 22, 2015 and others.
The charge sheet was signed by C.F. Amadi, the Director of Public Prosecutions (DPP) for the Attorney-General of Rivers State.
