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Alleged Fraud: Court Grants N500m Bail To Saipem MD, Others
A Rivers State High Court in Port Harcourt has granted bail to the Managing Director of Saipem Contracting, Mr. Walter Peviana, and Kelechi Sinteh Chinakwe with N500million.
On January 11, the duo were remanded at the Port Harcourt Correctional Centre over an alleged conspiracy to defraud the Rivers State Government the sum of $130million.
At the resumed hearing, for bail consideration, the trial Judge, Justice Okogbule Gbasam, granted bail to the defendants in the matter filed by the state government as registered in suit number PHC/3106/CR/2021.
The prosecution in the matter is the Government of Rivers State, while the defendants are 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).
Earlier, the counsel for the 1st, 2nd, 3rd and 6th defendants, Odein Ajumogobia (SAN), and the counsel for the 4th defendant, relying on Sections 194 and 169 of the Administration of Criminal Justice and Sections 35 and 36 of the Constitution of the Federal Republic of Nigeria, pleaded for the bail of their clients.
The counsel told the court to grant the defendants bail considering the facility where they were detained, explaining that their clients could fall ill following the spread of the COVID-19.
Ajumogobia urged the court to grant his client, Peviana, bail owing that he is the “managing director of one of the largest company in West Africa (Saipem),” and would not jump bail.
The counsel pleaded that the court has the power to grant bail to the defendants.
But the applicant counsel, Godwin Obla (SAN), urged the court to dismiss the bail application for the defendants.
Obla argued that the money involved in the allegation, if converted to Nigeria currency, would amount to N32billion, which he said is about 6.7percent of the total state budget for the year.
He argued that the 4th defendant counsel filed application of bail a day to the client arraignment in court, saying the application did not comply with the law; hence, the court should dismiss such.
The counsel further argued that: “It shows the seriousness of the crime the accused persons were charged with and reason why the accused should not be granted bail.”
Ruling on the bail application, Gbasam noted the error in filing a bail application before the defendant appears in court.
The judge said: “The anticipation is that bail should come before arraignment, arrest or remand. The application made on January 10, 2022, was merely speculation and presumption. The 4th defendant should have filed his application after the case has been brought to court.”
He stated that the application was null and void.
Gbasam, who also expressed the discretion of the court in granting bail to the 2nd and 4th defendant, ordered that they should present two sureties each, and surety for the 2nd defendant must be a principle officer of the 1st defendant (Saipem), and must own a landed property in the state with Certificate of Ownership.
Also, as the bail condition, the judge said the defendants should deposit their international passports to the court and that sureties must deposit original papers of their landed property in the court.
However, the court adjourned the matter till February 2, 3 and 4, 2022, for accelerated hearing.
Speaking with newsmen outside the courtroom, counsel for the applicant, Obla, explained that: “The matter came up today (Tuesday) for plea as previously scheduled by the court, and the plea of the defendants were all taken to the 15 count-charge, and they moved their application for bail.
“We opposed the application for bail but also left a window for the judge to also exercise his discretion.
“He has now granted bail to the 3rd and 4th defendants in the sum of N500million each, two sureties to provide landed property, the surety for the 3rd defendant must be a managerial level with the second defendant.
“The case has been adjourned till February 2, 3, and 4, 2022, for hearing on the day-by-day basis.”
Also speaking, counsel for the 1st, 2nd, 3rd and 6th defendants, Ajumogobia, lauded the court for granting bail to his clients, but noted the high conditions of the bail.
He said: “Bail is at the discretion of the court. We made an appeal that the court should issue conditions that are not too stringent. I think the court was gracious enough to issue difficult conditions, but we will try and see how we can meet those conditions-I mean N500million is not a small amount of money for the two of the defendants.
“But at least the challenge now is to meet those conditions for bail so that they can come out of the prison,” he said.
The Rivers State Chief judge, Justice Simeon Chibuzor Amadi has granted pardon to six inmates standing awaiting trial at the Port Harcourt maximum correctional center.
The six lucky inmates granted pardon on Tuesday by the state Chief Judge included Nwekeala Chizoba, Samuel Emmanuel, Aniete Kelvin, Ebube Fubara and Goddey Okpara who were on awaiting trial as murder suspects and have all spent between 10 years to seven years in the custody without a proper information filed against them in the court.
Justice Amadi during a special gaol delivery exercise last Tuesday at the Port Harcourt Maximum Correctional Centre opined that the special gaol delivery was part of activities lined up to commomerate the 2024/2025 legal year in the State and restated the commitment of the state judiciary in decongesting the correctional centre and ensuring that those inmates who are not supposed to be there are removed from the custody.
The state chief judge stressed the need for all stakeholders to work together to build a society that supports rehabilitation and gives a second chance to anyone or group of people who have fallen short of the expectation of the law and have been punished accordingly.
He stressed that the National Judicial Council(NJC) encourages judges to pay more attention to criminal matters to enable them to decongests the correctional facilities, noting that since his assumption into office, his administration has been able to reduce the number of inmates in Nigerian Correctional Centres and the Port Harcourt Correctional Centre in particular, to less than 2,000 as against the over 4,000 inmates previously in the faculty.
According to him, “as they release the deserving inmates, they affirm their commitment to justice, compassion and rule of law but that they must not forget the fundamental principles of justice delivery system which is truth and fairness, integrity and equality before the law.”
I encourage you all the released inmates to return to your families and become better citizens. You must not engage in action that will return you all back to prison. Let me say that while the judges show empathy to you all, it does not absolved individuals from being held accountable for actions against individuals, corporate organisations and state which the law frowns at, ”he stated
The Chief Judge thereafter stood down the exercise to enable the DPP to intervene to case files following the fact that majority of the persons listed to benefit from the exercise are facing murder charges and adjourned to a date that will come before December.
Earlier in his goodwill message, the outgoing state Comptroller of Nigerian Correctional Centre, Port Harcourt, Felix Lawrence, who was recently promoted to the rank of Assistant Controller General, commended the state judiciary led by Chief Judge, Justice Simeon Chibuzor Amadi for their continuous effort aimed at ensuring justice and decongesting the facilities.
Other activities lined up for the event included special church service at St Paul’s Cathedral , Anglican Communion, Rebisi Port Harcourt, inspection of guard of honour by the state Chief Judge mounted by officers of the Nigerian police and a special court session held at the ceremonial court hall.
By: AkujobiAmadi
The Director General of Rivers State Bureau on Public Procurement (RBoPP), Dr. Ine Briggs, has explained that the Sir Siminalayi Fubara administration plans to enforce transparency in governance through public procurement.
Speaking at a one-day Public Procurement Enlightenment workshop organised in collaboration with the State Local Government Service Commission for newly elected chairmen, vice chairmen, secretaries and leaders of legislative assemblies, Dr. Briggs said it is key for grassroot development.
She stated that the Sir. Fubara administration plans to reduce wastage and at same time infuse efficiency in public expenditure.
The RSoPP DG said the local government political office holders remain key drivers in the new vision hence the workshop is to arm them with knowledge on how to execute projects in tandem with needs of the people.
“ Your role in the prudent management of public resources is, therefore, not just administrative it’s the cornerstone of delivering the dividends of democracy. Every procurement decision you make must reflect a commitment to fairness, transparency and accountability” Dr. Briggs submitted.
One of the key goals of the administration she further reminded the participants was to use their offices to foster economic growth through public procurement.
She warned that the law establishing the agency empowers it to penalise defaulters, but that what is more important is voluntary compliance to the laws.
In addition to that, she said urged the local government council leaders that champion the practice and implementation of public procurement law.
On his part, Acting Chairman of Local Government Service Commission, Pastor GoodLife Ben Iduoku averred that the aim of the workshop is to arm key stakeholders in the local government system to generate new ideas, innovation and strategies in tandem with government policies and programmes.
The workshop dealt on various topics on procurement planning, methods, Understanding Bid Process, including types of Construction Contracts and law.
Some participants were awarded excellence and meritorious awards as part of the programme.
By: Kevin Nengia
The 19th anniversary of the National Association of Proprietors of Private Schools (NAPPS), Rivers State Chapter, recently ended in Port Harcourt in grand style, with participants from various schools including proprietors, the academia, civil society groups and top government functionaries charting the way forward for educational improvement.
The 19th NAPPS anniversary christened, ‘Innovation and Adaptation: Transforming Challenges Into Opportunities’ was held at Casoni Hotels, Port Harcourt.
In his remarks, the Chairman of the Rivers State Chapter of the association, Dr. Jaja Adafe Sunday expressed gratitude to the members and executives for their untiring efforts towards the achievements of the body.
He sought the intervention of government on the lingering crisis on the economy as it is affecting the running of schools.
He decried high cost of things including fuel and raw materials which has adversely affected the running of schools and payment of teachers.
Dr. Sunday hinted that the current economic situation in the nation is biting hard on the operations of schools, saying inflation, removal of fuel subsidy, fuel scarcity, poor electricity supply, tariffs and lack of government grants are some of the challenges faced by schools, and urged the members to brace up to the challenges, as it is the panacea to building a brighter future.
Guest speakers from the health sector and the academia thrilled the gathering on the essence of basic education which they said is the key to national development.
Former Dean of the Ignatius Ajuru University of Education, Professor Azuru and the Chief Medical Director of Meridian Hospitals, Dr. Odo Iyke were some notable guest speakers who delivered lectures at the occasion.
Some distinguished proprietors also got special recognitions and awards.
The 19th anniversary cake was cut by the Rivers State NAPPS Chairman with representatives of the state government assisting.