Saipem, Directors Docked Over Tax Fraud

The Federal Inland Revenue Service (FIRS) has filed a six-count criminal charge against Saipem Contracting Nigeria Limited and two of its senior directors, Michele Poggi and Giani Di Petro, over alleged tax-related infractions involving N66.4 billion and $938,080 between 2014 and 2019.

The company and its directors were charged before Justice Daniel Osiagor of the Federal High Court in Lagos in a suit marked FHC/L/118c/2026, following investigations into the company’s tax compliance records during the six-year assessment period.

According to the charge filed by the prosecution counsel, Barrister Moses Ideho, the defendants allegedly failed to deduct and remit several categories of taxes due to the Federal Government while carrying out taxable business operations in Nigeria.

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The taxes listed in the charge include Companies Income Tax, Tertiary Education Tax, Capital Gains Tax, Withholding Tax, Value Added Tax, Stamp Duties and the Nigerian Police Trust Fund levy.

The prosecutor stated that the alleged acts contravened provisions of the Federal Inland Revenue Service (Establishment) Act 2007 and the Companies Income Tax Act.

At the scheduled arraignment on Friday, the prosecution was represented by Barrister Ideho, while the defendants were absent from court but represented by senior lawyer B.A. Sodipo, SAN, alongside three other counsel.

Counsel to the defendants informed the court that a Notice of Preliminary Objection had been filed on behalf of the company and its directors.

The prosecutor, however, told the court that he had only been served with the application on Thursday and would require time to respond.

Following submissions by both parties, Justice Osiagor adjourned the matter till June 29 for the hearing of the preliminary objection.

One of the charges alleged that Saipem Contracting Nigeria Limited and its directors, between 2014 and 2019, failed to deduct and remit taxes due to the Federal Government, resulting in alleged outstanding tax liabilities amounting to N66,408,158,989.49 and $938,080.15.

The prosecution further alleged that the Saipem knowingly submitted Companies Income Tax returns containing false statements and representations relating to profits and taxable income, thereby understating tax obligations due to the government.

Another count alleged that the defendants, having been lawfully assessed for tax liabilities under the Companies Income Tax Act, failed to pay the assessed taxes within the period required by law.

The alleged offences are said to be contrary to provisions of the Federal Inland Revenue Service (Establishment) Act 2007 and the Companies Income Tax Act.