A High Court sitting in Port Harcourt, Rivers State, has dismissed an application challenging its jurisdiction to entertain the case of an alleged $130 million fraud between the Rivers State Government and Saipem Nigeria Contracting Limited.
The state government had sued Saipem Nigeria Contracting Limited over an 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.
Parties in the case in Suit No: PHC/3106/CR/2021 include 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).
In his ruling on Thursday, the presiding Judge, Justice Okogbule Gbasam, dismissed the application after several hours of submissions and counter-submissions by legal representatives in the matter.
The court ruled that it had jurisdiction to hear the case because the defendants were not questioning the information the parties pleaded to.
The court at its last sitting 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 their attorney, Mr Odein Ajumogobia (SAN), while Mr Cosmas Enweluzo (SAN) represented the Fourth defendant.
During the proceedings, the defendants questioned the information filed on November 5, 2021, which had duly been amended, arguing that incompetent details could not be made competent by way of an amendment.
However, the prosecution, led by Godwin Obla, a Senior Advocate of Nigeria (SAN), objected to the complaints raised by the defendants while tendering some documents in support of the case.
In his ruling, the trial judge, Justice Okogbule, dismissed the objection and ordered that the trial proceed.
However, the case was adjourned till February 22, 23 and 24 this year for continuance.
