“PROSECUTORIAL MISCONDUCT: ITALIAN COURT UPHOLDS CONVICTION OF MILAN PROSECUTORS IN OPL 245 CASE”
GREATRIBUNETVNEWS–AN Italian appeal court has confirmed an eight-month prison sentence for Milan prosecutors Fabio De Pasquale and Sergio Spadaro for withholding evidence in a corruption case involving oil giant Eni and Royal Dutch Shell. The case revolves around the $1.3 billion acquisition of Nigeria’s OPL 245 oilfield .
Key Findings
– Withheld Evidence : The prosecutors failed to submit a video recorded by a former Eni lawyer, deemed relevant to the case.
– Legal Obligation : The court ruled that De Pasquale and Spadaro infringed on the defendants’ rights by not providing favorable evidence.
– Appeal Plans : The prosecutors intend to appeal the decision to Italy’s top court, the Court of Cassation.
Background
The OPL 245 controversy dates back to 1998, when Nigeria’s military government awarded the oil block to Malabu Oil and Gas Ltd. The deal was later disputed, leading to international investigations and corruption allegations .
According to Reuters, the judges found that the prosecutors did not file a video recorded by a former Eni lawyer that was considered relevant to the case.
Before the verdict, Spadaro told the court that there was “no refusal” or “omission,” insisting that he and his colleague acted “according to conscience and law.”
Massimo Dinoia, their lawyer, stated that the prosecutors would appeal the decision to Italy’s top court, the Court of Cassation. They will remain in office while the appeals process continues.
In March 2021, a Milan court acquitted Eni, Shell, and several individuals of corruption in the $1.3 billion acquisition of Nigeria’s OPL 245 oilfield, ruling that there was no case to answer. The acquittal was later upheld on appeal and became final in 2022.
The Nigerian government said it was surprised and disappointed by the verdict and would consider whether to appeal.
In Nigeria, the federal government in 2021 also withdrew its $1.1 billion civil case against Shell after discontinuing a similar suit against Eni.
On April 9, 1998, the federal military government awarded OPL 245 to Malabu Oil and Gas Ltd, which was said to be owned mainly by Mohammed Abacha, son of Sani Abacha, and Etete, who was the petroleum minister at the time.
On July 2, 2001, President Olusegun Obasanjo revoked Malabu’s licence and assigned the oil block to Shell — without a public bid. Malabu went to court, but ownership was reverted to it in 2006 after it reached an out-of-court settlement with the federal government.
Shell fought back and commenced arbitration against Nigeria, but when President Goodluck Jonathan came to power in 2010, the controversy appeared to have been resolved with Shell and Eni agreeing to buy the oil block from Malabu for $1.1 billion.
The oil companies also paid $210 million as a signature bonus to the federal government of Nigeria.
However, activists launched an international campaign, alleging that the OPL 245 deal was fraudulent, arguing that the proceeds were used to bribe government officials.
Mohammed Adoke, Nigeria’s former attorney-general, was put on trial in Nigeria over the allegations but was discharged and acquitted by the federal high court in Abuja
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