The Nigeria’s Inland Revenue Service (IRS) has filed a six-count criminal charge against oil and gas services firm, Saipem Contracting Nigeria Limited and two of its senior directors, Michele Poggi and Giani Di Petro, over the alleged failure to remit and accurately declare taxes amounting to N66, 408, 158, 989, 49 billion and $938,080 USD, between 2014 and 2019.
The company and its two directors, were charged before Justice Daniel Osiagor of a Federal High Court, Lagos, in a suit numbered FHC/L/118c/2026, sequel to an investigation into the company’s tax compliance records during the six-year assessment period.
In the charge, the prosecutor, Barrister Moses Ideho, informed the court that all the defendants failed to deduct and remit multiple categories of taxes, which includes Companies Income Tax, Tertiary Education Tax, Capital Gains Tax, Withholding Tax, Value Added Tax, Stamp Duties, and the Nigerian Police Trust Fund levy, due to the Federal Government while carrying out taxable business operations and services within Nigeria.
The defendants alleged illegal acts, according to the prosecutor, are contrary to sections Sections 40 and 42(1) of the Federal Inland Revenue Service (Establishment) Act 2007 (as amended), and Sections 94(1}(b), 94(1)(b)(ii); 77(1) and 92(2) of the Companies Income Tax Act, Cap C21 Laws of the Federation of Nigeria 2004 (as amended), and punishable under the same section.
At the scheduled arrraignment of all the defendants, on Friday, IRS was represented by its prosecutor, Barrister Ideho, all the defendants were conspicuous absent but they were represented by B. A. Sodipo, a Senior Advocate of Nigeria (SAN) leading three other lawyers.
The defendants’ lawyers informed the court that a Notice of Preliminary Objection (NPO) has been filed on behalf of the defendants.
The prosecutor informed the court that he was being served with the defendants’ NPO on Thursday, and will need time to respond to same.
Consequently, the judge adjourned the matter to June 29, for hearing of the notice of preliminary objection.
Some of the charges against the defendants read: “that wou, Saipem Contracting Nigeria Limited, Michele Poggi and Gaini Di Petro, between the years of assessment 2014 to 2019, within Nigeria and within the jurisdiction of this Honourable Court, whilst carrying out taxable business and providing taxable services, did fail to deduct and remit taxes due to the Federal Republic of Nigeria, which failure resulted in the non-payment of tax liabilities due and payable to the Federal Government of Nigeria in the total sum of N66, 408, 158, 989, 49 (sixty six billion, four hundred and eight million, one hundred and fifty eight thousand, nine hundred and eighty nine naira and forty nine kobo only) and USD 938,080.15 (nine hundred and thirty eight thousand, eighty dollars and fifteen cents only), being Companies Income Tax, Ternary Education Tax, Capital Gains Tax, Withholding Tax, Value Added Tax, Stamp Duties and Nigeria Police Trust Fund Ievy, thereby committed an offence contrary to and punishable under Section 40 of the Federal Inland Revenue Service (Establishment) Act 2007 (as amended).
“That you Saipem Contracting Nigeria Limited, Michelle Poggi and Giani Di Petro, between the 2014 and 2019 years of assessment within Nigeria and within the jurisdiction of this honourable court, while carrying out business and providing taxable services, did knowingly make and submit Companies Income Tax returns containing false statements and false representation as to your profit and taxable income, and did furnished accounts and particulars concerning profit on which tax is payable thereby understating Companies Income Tax due to the Federal government of Nigeria in the total sums of N66, 408, 158, 989.49 (Sixty-Six Billion, Four Hundred and Eight Million, One Hundred and Fifty-Eight Thousand, Nine Hundred and Eighty-Nine Naira and Forty-Nine Kobo only) and USD 938,080.15 (Nine Hundred and Thirty-Eight Thousand, Eighty Dollars and Fifteen Cents only), and thereby Committed an offence contrary to Section 94(1}(a) and Section 94(1)(b)(ii) of the Companies lncome Tan Act, Cap C21 Laws of the Federation of Nigeria 2004 (as amended), and punishable under the same section.
“That you, SAIPEM CONTRACTING NIGERIA LIMITED, MICHELE POGGI and GIANI DI PETRO having been lawfully assessed and required to pay tax under the Companies Income Tax Act, between the 2014 to 2019 year of assessment, within Nigeria and within the jurisdiction of this Honourable Count did without lawful justification or excuse, wilfully refuse and of neglect to pay the assessed tax within the time required by law. thereby failing to compl with your statutory obligation to pay Companies Income tax due to the Federal Government of Nigeria, in the total sum of N66, 408, 158, 989.49 (Sixty-Six Billion, Four Hundred and Eight Million, One Hundred and Fifty-Fight Thousand, Nine Hundred and Eighty-Nine Naira and Forty-Nine Kobo only) and USD 938.080.15 (Nine Hundred and Thirty -Eight Thousand, Eighty Dollars and Fifteen Cents only), an offence contrary to Sections 77(1) aad 92(2) of the Companies Income Tax Act, Cap C21 Laws of Laws of the Federation of Nigeria 2004 cas amended), and punishable under the same section.
