The criminal case between the Rivers State Government vs. SAIPEM SPA and six others have been adjourned till January 11, 2022 for further hearing.
At a resumed hearing before Justice Okogbule Gbasam of the Rivers State High Court, Chief Godwin Obla, SAN, D. G. Adeyemi Esq. and I.D. Israel Esq., represented the Rivers State Government, while Mr Odein Ajumogobia, SAN and Patrick Osu, Esq appeared for the 1st and 2nd Defendants (SAIPEM SPA & SAIPEM Contracting Nigeria Ltd), respectively.
The 3rd -7th Defendants were unrepresented though duly served as ordered by court.
Counsel to Rivers State informed the court that Walter Peviani/3rd Defendant (SAIPEM Contracting Nigeria Ltd.’s MD), 4th Defendant/Kelechi Sinteh Chinakwe, 5th Defendant/Giandomenico Zingali, 6th Defendant/Vitto Testaguzza, and Davide Anelli/7th Defendant have been served with the amended information and the proof of evidence via “i. publications in three National Newspapers, ii. Pasting by the Bailiff of Court at New Operational Base of the Defendants at Rumuolumeni, Port Harcourt, and by sending same to the Defendants’ Secretariat email address segreteria.societaria@saipem.com”.
Obla immediately applied pursuant to Section 120 of the Rivers State Administration of Criminal Justice Law 2015 for the issuance of the warrant of arrest to compel the appearance of Mr Walter Peviani/the 3rd Defendant and the other Defendants in court at the next date for the criminal proceedings.
However, counsel to the 1st and 2nd Defendants pleaded profusely on behalf of the 1st -3rd Defendants, citing section 121 of the Rivers State Administration of Criminal Law for the court to indulge them for today and that at the next adjourned date the 1st, 2nd and 3rd Defendants will be present in court.
The court noted that Ajumogobia announced an appearance only for the 1st and 2nd Defendant and cannot, therefore, urge anything in favour of any other Defendants.
At this point, Ajumogobia announced an appearance for the third Defendant also.
The court held that it has taken notice of the Defendants’ disrespect for the court despite the fact that they have all been served with the Amended Information and proof of evidence.
The court said as a criminal proceeding, the Defendants are bound to be present in court to take their plea and both Sections 120 and 121 of the Rivers State Administration of Criminal Justice Law empowers the court to issue a warrant of arrest to compel the appearance of the Defendants in court to take their plea at the next adjourned date.
However, after a plea from Ajumogobia, and his undertaking to ensure the presence of the Defendants at the next hearing, the court agreed to bend backwards and decided to keep the issuance of the warrant of arrest at bay till the next adjourned date, but promised to effect the full weight of the law to compel their appearance if they refuse to appear at the next adjourned date.
It would be recalled that the Rivers State Government had filed a 16-count charge against Saipem SPA, Saipem Contracting Nigeria Limited, its Managing Director, Walter Peviani and 4 others over alleged conspiracy, fraud, obtaining credit by false pretences, and cheating.
The offences run contrary to Sections 518 (6) and (7), 419 (A) (1) (b), Section 421 of the Criminal Code Law of Rivers State, Cap 37 Vol. 2 Laws of Rivers State of Nigeria 1999.
Saipem and its top management staff are being prosecuted based on fiat to Chief Godwin Obla SAN, George Adeyemi, Esq and John Eche Okpe, Esq of OBLA & Co.
Charged alongside the duo are their Managing Director, Walter Peviani and other major officers including Kelechi Sinteh Chinakwe, Giandomenico Zingali, Vitto Testaguzza and David Anelli who are charged, amongst others, for the offence False Statements by Officials of Companies contrary to and punishable under Section 436 (b).
Specifically, the defendants as contractors to Rivers State Government of Nigeria and officers of Saipem SPA and Saipem Contracting Nigeria Ltd, in respect of the contract for the construction of the OCGT power plant in Port Harcourt between 2011-2018 conspired to cheat and with intent to defraud, obtained credit by false pretence from the Rivers State Government being advance payment of the total contract sum of $130million when they have not kept their obligation under the contract.
