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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.”