The Federal Government of Nigeria, through the Inland Revenue Service (IRS), has filed a six-count criminal charge against oil and gas services company, Saipem Contracting Nigeria Limited, and two of its senior directors over alleged tax fraud involving more than N66.4 billion and $938,080.
The two directors named in the suit are Michele Poggi and Giani Di Petro. The charges were filed before Justice Daniel Osiagor of the Federal High Court in Lagos in a case marked FHC/L/118c/2026.
According to court documents, the charges followed an investigation into the company’s tax compliance records covering the period between 2014 and 2019.
The Federal Government alleged that the company and its directors failed to deduct, declare, and remit several categories of taxes due to the government while carrying out taxable business operations and services within Nigeria.
The taxes allegedly affected include Companies Income Tax, Tertiary Education Tax, Capital Gains Tax, Withholding Tax, Value Added Tax, Stamp Duties, and the Nigerian Police Trust Fund levy.
Prosecuting counsel, Barrister Moses Ideho, told the court that the defendants’ actions allegedly violated provisions of the Federal Inland Revenue Service (Establishment) Act 2007, as amended, as well as sections of the Companies Income Tax Act.
The prosecution alleged that the defendants failed to remit tax liabilities amounting to N66,408,158,989.49 and $938,080.15 during the six-year assessment period.
At the scheduled arraignment on Friday, the defendants were absent from court. However, they were represented by Senior Advocate of Nigeria, B.A. Sodipo, alongside three other lawyers.
Defence counsel informed the court that the defendants had filed a Notice of Preliminary Objection challenging aspects of the case.
The prosecution responded that the notice had only been served on Thursday and requested time to study and respond to the application.
Following submissions from both parties, Justice Osiagor adjourned the matter until June 29 for hearing of the preliminary objection.
In one of the charges, the Federal Government alleged that Saipem Contracting Nigeria Limited and its directors knowingly failed to deduct and remit taxes due to the Federal Republic of Nigeria while carrying out taxable business activities within the country.
The prosecution further alleged that the defendants knowingly submitted Companies Income Tax returns containing false statements and representations regarding the company’s profits and taxable income.
According to the charge, the alleged false declarations led to the understatement of tax liabilities owed to the Federal Government during the assessment years under review.
The government also accused the defendants of refusing or neglecting to pay assessed taxes despite being lawfully required to do so under the Companies Income Tax Act.
The offences, according to the prosecution, are punishable under provisions of the Federal Inland Revenue Service (Establishment) Act 2007 and the Companies Income Tax Act, Cap C21, Laws of the Federation of Nigeria 2004, as amended.
The case is expected to continue with arguments on the defendants’ preliminary objection when proceedings resume before the Federal High Court in Lagos on June 29.