At the continuation of trial of embattled Amaechi Ndili, the Chief Executive Officer of Lionstone Offshore Services Limited and his wife, Mrs. Njide Chizoba Ndili, Mr. Godwin Okon, told Justice Olubunmi Abike-Fadipe that the defendants admitted being indebted to Hercules Offshore Nigeria Limited to the tune of $4,666,234.28.
Mr. Okon an accountant and business analyst manager at Hercules Offshore Nigeria Limited who is the first prosecution continued his evidence at the Lagos State Special Offences Court on Tuesday.
The first prosecution witness, Mr. Okon said Amaechi agreed to the indebtedness of Lionstone Offshore Services to Hercules Offshore Nigeria in the statement he made at the Special Fraud Unit, SFU, of the Nigeria Police Force.
He was led in evidence by an Assistant Commissioner of Police, Simon Lough (SAN).
The witness said the defendant agreed to withhold money belonging to Hercules Offshore Nigeria Limited.
He explained that the defendant promised to pay back in installments and the first installment to be remitted in the sum of $600,000.
He however noted that the defendant failed to remit the sum as promised.
He said it was when he failed to remit the amount owed to Hercules Offshore Services that they decided to use the Police to prosecute him in order to recover the money owed to Hercules Offshore Services.
He told the trial judge that Hercules Offshore Services had earlier taken Lionstone Offshore Services Limited before an arbitration court in London in line with the provisions of the joint bidding agreement in the event of a dispute.
He said the London arbitration court decided in favour of Hercules Offshore Nigeria Limited.
“When Hercules got the judgement and came back to Nigeria, we sought enforcement of the judgement at a Federal High Court.
“It was when they refused to pay, that Hercules approached the NPF fraud unit to file a complaint so that the company (Lionstone Offshore Services) would be prosecuted and money recovered for Hercules”, he narrated.
During cross-examination by Defence Counsel, Ebun Shofunde (SAN), the witness said he was not aware that Lionstone Offshore Services challenged the decision of the Federal High Court at the Court of Appeal.
He insisted that the Federal High Court affirmed the enforcement of the London arbitration court.
The witness also stated that by virtue of his position as Business Analyst Manager, he was part of the management of Hercules Offshore Services and that former CEO of the company, Todd Pellegire reported the incident to the Police.
He said the London arbitration court decided in favour of Hercules Offshore Nigeria Limited.
“When Hercules got the judgement and came back to Nigeria, we sought enforcement of the judgement at a Federal High Court.
“It was when they refused to pay that Hercules approached the NPF fraud unit to file a complaint so that the company (Lionstone Offshore Services) would be prosecuted and money recovered for Hercules”, he said.
Justice Abike-Fadipe adjourned further proceeding till February 1, 2023.
