The Inspector-General of Police and other security services have been instructed to arrest two Italian citizens, Giandomenico Zingali and Davide Anelli, for refusing to appear in court to face criminal accusations in a $119 million USD Power Plant fraud.

The order was issued by Justice Okogbule Gbasam, who invoked Section 120 of the Rivers State Administration of Criminal Justice (ACJA) to order the arrest and directed the IGP, CP, and other security agents to produce the Italians in court to face trial in connection with the Rivers State government’s 16-count criminal charge against them.

On Friday in Abuja, a certified true copy of the Rivers State High Court ruling was received through Rivers State’s counsel, Chief Godwin Obla (SAN), who brought the motion for the issuing of the bench warrant.

Giandomenico Zingali and Davide Anelli are among the seven defendants scheduled for arraignment before Justice Gbasam in connection with the $119 million power plant scam.

The first to seventh defendants are Saipem SPA, an Italian company, Saipem Contracting Nigeria Ltd, Walter Peviani, Kelechi Sinteh Chinakwe, Giandomenico Zingali, Vitto Testaguzza, and Davide Anelli.

Saipem SPA, Saipem Contracting Nigeria Limited, its Managing Director, Walter Peviani and 4 others are accused of conspiracy, fraud, obtaining credit of N7 billion naira by false pretences and cheating.

Details of the charges are: conspiracy contrary to Section 518 (6) and (7) and punishable under Section 518; obtaining credit of $130 million USD by false pretences or other fraud contrary to Section 419A and punishable under Section 419 (A) (1) (b)

The offences are also said to be 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 to be prosecuted based on fiat issued to Chief Godwin Obla (SAN), George Adeyemi, Esq and John Eche Okpe, Esq both of OBLA & Co, Abuja by Rivers State government.

Their arraignment on the 16 count charge marked PHC/3106/CR/2021 has been put off several times by Justice Gbasam due to the failure of some of the defendants to be in court.

The enrolled copy of the order reads in part “Upon this matter coming up for plea today before His lordship, Hon. Justice Dr O. Gbasam, sitting at High Court Port Harcourt; and after hearing the oral application for the activation of the application for the issuance of a bench warrant on the 5th and 7th defendants made by Chief Godwin Obla, SAN, with D.G. Adeyerni, Esq., appearing for the State, on the last adjourned date 14/12/2021 which this court kept In abeyance till today.

“And after hearing the oral response of the opposing counsel, H. Odeiln Ajumogobia, SAN, with Patrick Osu, Esq., Akinola Akinyoju, Esq., and Shekina Wokoma of counsel for the 1st, 2nd, 3rd and 6th defendants, and. A, Akinwole, Esq., with O. Nwogu, Esq., and R.C. Kanu, Esq., for the 4th defendant

“It is hereby ordered that as follows: That order of bench warrant be and is hereby issued by virtue of Section120 of the Rivers State Administration of Criminal Justice Law, 2015 directing the Inspector General of Police, the Commissioner of Police and other security agencies to arrest the 5th and 7th defendants – Giandomenico Zingali and Davide Anelli wherever they are and can be found and produce them before this honourable court to face their trial as per the 16-count charge contained in the amended information dated 19/11/2021.

“The charges are summarised as follows: Conspiracy contrary to Section 518(6) & (7) and punishable under Section 518 of the Criminal Code, Cap 37, Vol. 2, Laws of Rivers State of Nigeria, 1999;

“Obtaining credit by false pretences or other fraud contrary to Section 419(A) and punishable under Section 419 (A) (1)(8) of the Criminal Code, Cap 37, Vol. 2, Laws of Rivers State of Nigeria, 1999;

“Attempt to cheat contrary to Section 508 and punishable under Section 509 of the Criminal Code, Cap 37, Vol. 2, Laws of Rivers State of Nigeria, 1999; Conspiracy to receive credit by false pretence contrary to S. 518(6) and punishable under S. 518 of the Criminal Code, Cap 37, Vol. 2, Laws of Rivers State of Nigeria, 1999;

“Cheating contrary to Section 421 and punishable under Section 421 of the Criminal Code, Cap 37, Vol. 2, Laws of Rivers State of Nigeria, 1999;

“False statements by officials Company contrary to Section 436(B) and punishable under Section 436(B) of the Criminal Code, Cap 37, Vol 2, Laws of Rivers State of Nigeria, 1999;

“It is further ordered that the Inspector General of Police, the Commissioner of Police and other security agencies are hereby vested with the legal authority to enter any premises where the 5th and 7th defendants – Giandomenico Zingali and Davide Anelli – are and can be found for the purpose of executing this bench warrant,” it stated.

Meanwhile, Justice Gbasam has adjourned the matter till February 2, 3, and 4, 2022.