A dramatic lawsuit has unfolded at the Rivers State High Court, with Saipem Contracting Nigeria Ltd facing allegations of unlawful detention and breach of fundamental human rights.
The plaintiff, Ernest Omuso-Ibiama, the Chief Executive Officer (CEO) of Tamson International Services Ltd, a contractor who had a specialized contract with Saipem, claimed that he was unjustifiably held hostage within the company’s premises on Aka Road in Obio-Akpor Council of the state from November 29 to December 2, 2024.
According to the plaintiff’s counsel, Lawrence Oko-Jaja SAN, who spoke outside the courtroom on Tuesday, the contractor had been provided with accommodation within Saipem’s premises as part of his contract.
However, upon termination of the contract, the contractor was refused exit, with Saipem citing concerns about potential altercations with individuals outside the premises.
Oko-Jaja described the reason as “untenable,” stating that altercations are a common occurrence and do not justify detaining someone against their will.
He noted that the plaintiff’s attempts to leave the premises were repeatedly rebuffed, prompting his lawyers to involve the police.
He said it took the assistance of a team of policemen, that the contractor was eventually allowed to leave the premises.
However, his lawyers argue that his fundamental rights as a Nigerian citizen were breached, prompting the lawsuit against Saipem.
In court, Oko-Jaja requested that the judge recuse herself from the case, citing a potential conflict of interest due to her previous representation of Saipem in a separate matter.
The defence counsel did not oppose when Oko-Jaja moved the motion asking the judge to recuse herself from the case, right?
The judge, Justice Lesi Wifa-Adedipe, consequently agreed to recuse herself, ruling that the the case file will be returned to the Chief Judge to reassigned to another judge.
Oko-Jaja explained: “The judge used to be a lawyer and we have been on opposite sides, me representing some clients and she representing Saipem Contracting Nigeria Ltd.
“When this matter came up, I thought she should recuse herself from handling the matter and graciously she agreed that this is a matter which she cannot handle, haven appeared on behalf of Saipem just about two years ago in a matter involving both of us, so that’s why I asked that she recuse herself and she did so.
“We are Court because Saipem unjustifiably without any reason, logical or otherwise incarcerated, held my client hostage from the 29th of November to the 2nd of December, 2024 in their premises at Aka road.
“And what led to that actually was that he had a contract with Saipem, a very specialized form of contract and they gave him accomodation within their premises and each time he goes out, he signs an indemnity form which says as you out, if anything happens to as you are out of our premises, it is not our responsibility.
“So, when the contract was terminated, he attempted to go out on the 29th and they refused. All attempts by him to go out was rebuffed for reasons that there are some persons out there who may have altercations with him if they allow him to go out. I mean, what kind of reason is that? People have altercation all the time and you don’t use that to detain someone within your premises for four days.
“We had to consult the police and my colleague had to go with a team of policemen. That was when they were able to allow him to go and we felt his fundamental rights had been breached as a citizen of Nigeria.
So we have come to court to ventilate our grievances and for the court to find out why? If the Court finds that what they did is unjustifiable, unwarranted and against the constitution of the Federal Republic of Nigeria, of course, there are consequences. So that is why we are in court.
However, the plaintiff is seeking a public apology from Saipem, to be published in newspapers, as well as pay compensation for general damages over the alleged breach of his fundamental rights.”