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Tag: Etete

  • EFCC ‘should arrest Adoke, Etete, others’

    EFCC ‘should arrest Adoke, Etete, others’

    A Federal High Court judge in Abuja has advised the Economic and Financial Crimes Commission (EFCC) to deploy its arresting powers to produce before the court those indicted in the controversial $1.1 billion Oil Prospecting Licence (OPL) 245 transaction (also known as the Malabu Oil deal).

    Justice John Tsoho gave the advice yesterday when EFCC counsel Jonson Ojogbane made a request for direction when two of the three charges the commission filed in relation to the Malabu Oil deal were mentioned.

    The first of the charges was filed on December 21, last year. There are nine defendants, including former Attorney-General of the Federation and Minister of Justice Bello Adoke (SAN).

    Others are former Minister of Petroleum Dan Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd and Megatech Engineering Ltd.

    The second charge filed on March 2, has Adoke and Abubakar (of AA Oil) as defendants.

    The second charge was first mentioned yesterday. The defendants were neither in court, nor represented by lawyers.

    Ojogbane announced his appearance for the prosecution. He said the prosecution was not yet able to effect personal service of the charge on the defendants.

    He sought the court’s direction on whether or not to apply orally or by way of a motion for arrest warrants against the defendants.

    Ojogbane said: “We are yet to serve the defendants in this case. We have been unable to serve them, particularly, the first defendant (Adoke). We are told he is outside the country.

    “I will appreciate if my lord can guide me. I actually want to make an application for arrest warrant against defendants.”

    Citing Section 35 of the Administration of Criminal Justice Act (ACJA), Ojogbane said: “My lord, I wish to be guided about the procedure. I want to know if I can apply orally or file a motion.”

    Justice Tsoho replied: “You can’t apply orally. My understanding of the law is that until you arraign anybody, you cannot make an order of arrest against the person.

    “If a defendant has been arraigned and he is not coming for trial, the court can issue arrest warrant against such person.

    “The prosecution can use its coercive powers under the law to arrest a defendant to answer to the charges pending against them.”

    Ojogbane explained that he required the warrant to begin extradition proceedings against the defendants, who are overseas.

    His logic is that with the cooperation of the AGF Office, the INTERPOL will facilitate the arrest of the defendants, if  a warrant is attached to all the documents to be sent to the foreign authorities.

    Justice Tsoho, who was not persuaded by Ojogbane’s explanation, stated that with or without an arrest warrant, extradition proceedings could be initiated.

    Realising that the judge was unwilling to grant his request, Ojogbane sought an adjournment to enable the prosecution take further steps to bring the defendants  to court.

    When the other charge was called, similar scenario played out. Justice Tsoho adjourned till June 13 for arraignment.

    The third charge is before the High Court of the Federal Capital Territory (FCT). There are 11 defendants.

    They are Adoke, Etete, Shell, Agip,  Eni,  Aliyu Abubakar (of AA Oil Ltd), Malabu Oil and Gas Ltd.

    Others are a director of Shell, Ralph Wetzels and three Italian directors of Agip Exploration Ltd – Casula Roberto, Putatti Stefeno and Burrafato Sebastiano.

    The defendants are charged with conspiracy and official corruption in relation to their alleged acceptance of $801 million from the oil companies in relation to the grant of OPL 245.

  • Malabu oil scam: FG seeks arrest warrant against Adoke

    The Federal Government on Monday approached the Federal High Court, Abuja, to seek guidance on whether it could make an oral application for issuance of warrant of arrest against former Attorney-General of the Federation, Mr Mohammed Adoke.

    The warrant was in relation to charges filed against two multinational oil firms, and others including Adoke in connection to an alleged $1.1billion Malabu Oil scam

    When the matter was called, counsel to the Federal Government, Mr Johnson Ojogbane, told the court that the defendants were not in court because they were not yet served with court processes.

    Ojogbane who is prosecuting for the Economic and Financial Crimes Commission (EFCC), said that he had been unable to serve them particularly Adoke because he was not in the country.

    “We have been unable to serve the defendants in this case particularly the first defendant, because we have been told that he is outside the jurisdiction of this court; outside the country actually.

    “So I will appreciate if my lord will guide me, because I actually wanted to make an application for a warrant of arrest, so I want to know if I can do that orally or come by way of a motion,” Ojogbane said.

    He maintained that the EFCC had powers to arrest anyone anywhere, but since Adoke was outside the jurisdiction of the court, they required a warrant of arrest to bring him into the country.

    He said that if the court gave the order for a warrant of arrest, it could be endorsed to the International Police (Interpol) who would begin the process of extradition.

    The judge, Justice John Tsoho, however, said that such an application could not be brought orally before the court.

    According to Tsoho, if he is already before the court and is attempting to escape trial, then the court could issue a warrant for his arrest.

    “If he was already arraigned before the court and was trying to run away, then we can issue a warrant, but it is still under investigation, the court cannot make such an order.

    Tsoho adjourned the matter till June 13 for arraignment.

    The News Agency of Nigeria (NAN) recalls that the EFCC in December 2016, charged nine suspects, including Adoke, over the purchase of OPL 245.

    Adoke was accused of illegally transferring more than $800 million, purportedly meant for the purchase of the OPL 245 to Dan Etete, Malabu Oil.

    The Federal Government also on March 2 filed fresh charges against Shell Nigeria Exploration Production Company Limited and Agip Nigeria Exploration Limited for alleged complicity in the Malabu $1.1 billion scandal.

    Adoke, Etete, Aliyu Abubakar, ENI Spa, Ralph Wetzels, Casula Roberto, Pujatti Stefeno, Burrafati Sebestiano, and Malabu Oil and Gas were charged alongside the two multinational oil firms.

  • Alleged $801m bribe: Shell, Etete, Adoke face charges

    Alleged $801m bribe: Shell, Etete, Adoke face charges

    EFCC set for trial of ex-ministers, businessman, others over Malabu Oil deal

    All  is set for the legal battle over the alleged $801million Malabu oil deal bribe.

    The Economic and Financial Crimes Commission (EFCC) yesterday filed charges against a former Minister of Petroleum Resources, Chief Dan Etete, a former Attorney-General of the Federation, Mr. Bello Adoke (SAN) and a businessman, Aliyu Abubakar.

    Also charged are eight others.

    The others are: Shell Nigeria Exploration Production Company Limited;  Nigeria Agip  Exploration Limited; ENI SPA; Malabu Oil and Gas Limited; Ralph Wetzels (ex- director of SNEPCO), Casula Roberto (Italian) and director of AGIP; Pujatti Stefeno(Italian) and director in AGIP; and Burafato Sebastiano (Italian).

    A United Kingdom (UK) anti-corruption group, Global Witness, claimed that $523million of the bribe was paid  to some fronts of a former president.

    The charge sheet,  dated February 28,  states that all the accused persons will be arraigned before the High Court of the Federal Capital Territory, Abuja Division.

    No date has been fixed for their arraignment.

    All the 11 suspects will face three charges bordering on alleged official corruption of about $801million.

    According to the charges filed by the EFCC  legal team, comprising Johnson Ojogbane, H.M. Mohammed and Victor Ukagwu, all the accused persons are to face trial for alleged:

    • conspiracy, contrary to Section 26 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 12 of the same Act; and
    • official corruption contrary to Section 9 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 9 (b) of the same Act.

    The particulars of the offence are as follows:

    “That you Shell Nigeria Exploration Production Company Limited, Nigeria Agip  Exploration Limited, ENI SPA, Ralph Wetzels (whilst being director of SNEPCO), Casula Roberto (Italian) whilst being the director of AGIP; Pujatti Stefeno (Italian) while being the director in AGIP; Burafato Sebastiano(Italian), while being a Director with AGIP; Douzia Louya Etete(a.k.a Dan Etete); Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 in Abuja within the jurisdiction of this Honourable Court conspired amongst yourselves to commit felony to wit: Official corruption and thereby committed an offence.

    “That  you Douzia Louya Etete(a.k.a Dan Etete), Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 in Abuja within the jurisdiction of this Honourable Court corruptly received the aggregate sum of $801million in relation to the grant of Oil Prospecting Licence in respect of OPL 245 from Shell Nigeria Exploration Production Company, Nigeria Agip Exploration Limited and ENI SPA and thereby committed an offence.

    “That you Shell Nigeria Exploration Production Company Limited, Nigeria Agip  Exploration Limited, ENI SPA, Ralph Wetzels(whilst being Director of SNEPCO), Casula Roberto(Italian) whilst being the Director of AGIP; Pujatti Stefeno(Italian) while beinmg the Director in AGIP; Burafato Sebastiano(Italian), while being a Director with AGIP; Douzia Louya Etete(a.k.a Dan Etete); Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited sometime in 2011 within the jurisdiction of this court corruptly gave the aggregate sum of $801million to Douzia Louya Etete(a.k.a Dan Etete) , Mohammed Bello Adoke; Aliyu Abubakar and Malabu Oil and Gas Limited on account of the grant of Oil Prospecting Licence in respect of OPL 245 and thereby committed an offence.”

    This is the second time some of the accused persons will be facing trial.

    The EFCC on  December 20, 2016 filed nine charges bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash against Adoke, Etete, Abubakar, Malabu Oil and Gas Limited; Rocky  Top Resources Limited; Imperial Union Limited; Novel Properties and Development Company Limited, Group Construction Limited and Megatech Engineering Limited.

    The nine-count charge was filed  at the Federal High Court, Abuja.

    The charges came barely 48 hours after ENI SPA insisted that the sale of OPL 245(Malabu Oil Block) was not fraudulent.

    The Board of Directors of Eni(Nigeria Agip Exploration Limited) claimed that all transactions relating to the $1,616,690,656.78 Malabu oil block were clean.

    The oil firm said it arrived at the conclusion after commissioning  forensic investigations into the controversy over the sale of the oil block.

    It said an  independent United States law firm conducted the investigations and returned a not guilty verdict.

    The statement said: “Eni’s Board of Directors today takes note of the outcome of further forensic investigations into the 2011 transaction between Eni and Shell and the Nigerian Government for the acquisition of the OPL 245 licence in Nigeria.

    The investigations were conducted by an independent US law firm. They were commissioned by Eni’s Board of Statutory Auditors and Watch Structure.

    “The investigations examined the new materials and further information filed by the Milan prosecutors as part of the closure of the investigation in December 2016.

    “The law firm confirms the conclusions reached by previous investigations in 2015, stating that there is no evidence of corrupt conduct in relation to the transaction.

    Eni’s Board of Directors confirmed its total confidence that neither the company nor its CEO Claudio Descalzi were involved in alleged illicit conduct under investigation.”

    Global Witness had alleged that about $523million of the $1.1billion paid by Shell and Eni for Malabu Oil Block (OPL 245) went to some fronts of a former president.

    It said the deal deprived the country of a sum equivalent to 80% of its 2015 health budget in a country where more than 60% of the population live in poverty.

    The group made the disclosures in a statement by its Director, Simon Taylor.

    It also wrote a letter to the EFCC not to waiver in its determination to probe the sale of the oil block.

    The statement said: “We applaud the Nigerian authorities for fighting back against corruption without fear or favour, making sure there are real consequences for taking part in shady deals like with OPL 245.”

    “The lucrative OPL 245 oil block was allocated in 1998 for $20m – a fraction of its value now – to Malabu Oil & Gas, a company secretly owned by the then oil Minister, Etete.

    “The OPL 245 block, off the coast of Nigeria is owned 50-50 by Shell and Eni and contains probable reserves of 9.23 billion barrels of oil, representing potentially massive bookable reserves for the companies.

    “Shell currently holds 11.75 billion barrels of proven oil equivalent reserves and Eni holds 6.89 billion barrels of proven oil equivalent reserves.

    “The block was eventually passed on to Shell and Eni in 2011 in exchange for a payment of $1.1bn which flowed to Malabu rather than to the Nigerian state.

    “The former Minister of Justice Adoke by his own account acted as a broker in the deal. This deal deprived the country of a sum equivalent to 80% of its 2015 health budget in a country where more than 60% of the population live in poverty.

    ”Shell and Eni have always denied that they knew the money they paid would go to Malabu, but documents seen by Global Witness show that the companies in fact constructed the deal knowing that the money would flow ultimately to Malabu.

    “Prosecutors in the UK have previously alleged that $523m of Shell and Eni’s payment went to alleged “fronts for former President of Nigeria (names withheld) as part of a deal that was effectively a “smash and grab” on Nigeria.

    In a separate letter, the group praised the Acting EFCC chairman, Mr. Ibrahim Magu for the “sterling investigatory work” by the commission on the Malabu oil deal.

    The letter said Global witness was “ delighted to read press reports that former Attorney-General Mohammed Bello Adoke, Chief Etete and others have been implicated  by the EFCC for fraud and money laundering in respect of the OPL 245 oil deal.

    The letter added: “We would like to take this opportunity to reiterate our admiration for the sterling investigatory work by the EFCC, under your leadership, that has brought this case to court.

    “We believe that the case will send a powerful message to the world that Nigeria is intent on prosecuting corruption without fear or favour.”

    The anti-corruption group however noted the reactions of some key actors in the Settlement Agreement on the oil block.

    It added: “In a statement, Mohammed Adoke said ‘I hope to at the appropriate time make myself available to defend the charge for what whatever its worth.’ He also emphasised that he did not benefit from the deal, which he said saved the government from a breach of contract suit in which Shell was claiming $2 billion.

    “He called the charges “orchestrated plans to bring me to public disrepute in order to satisfy the whims and caprices of some powerful interests on revenge mission.”

    “Shell has insisted that they did not pay Malabu directly and that all payments went to an escrow account held by the Government of Nigeria.

    “In a response to a request for comment from Global Witness in April 2015, Shell said “We do not agree with the premise behind various public statements made by Global Witness about Shell companies in relation to OPL 245.” It has not responded to more recent requests to comment.

    Eni responded to questions on the deal in May 2016 saying “Independent enquiries and the investigations commissioned by Eni’s Watch Structure and Board of Statutory Auditors from specialized American law firms have found no evidence of illegal conduct on the part of the Company.”

    “Antonio Tricarico of Re:Common said “The Italian Government must ask serious questions of the involvement of Senior Eni executives in a deal that has now lead to senior Nigerian officials being charged with criminal offences.”

  • Etete, 12 others set for trial in Italy

    Etete, 12 others set for trial in Italy

    Former Minister of Petroleum Dan Etete is to be arraigned in Italy over his alleged involvement in the $1.1billion Malabu oil deal.

    Last week, the Economic and Financial Crimes Commission (EFCC) slammed  a seven-count charge of money laundering and fraud on Mr. Etete and others at the Federal High Court in Abuja.

    The Italian prosecutors have filed the notice in a Milan court, accordin g to Premium Times.

    Apart from Etete, another Nigerian, Chukwuemeka Obi, is among the 11 individuals to be charged by the Italian authorities. Shell and Eni are also to be sued to take the defendants to 13. Mr. Obi and his firm, EVP, had laid claim to about $110 million of the $1.1 billion paid by Shell and Eni for OPL 245, considered Nigeria’s richest oil block.

    The money is trapped in Switzerland where it has been frozen by a court.

    Mr. Obi sued Malabu for $110 million in London, which he said was his entitlement for helping to facilitate the deal between the oil majors and Malabu.

    In July 2013, the High Court of Justice, Queen’s Bench Division, presided over by Lady Justice Gloster, ruled in favour of Mr. Obi that he was entitled to “a fee of 8.5% of the total disposal consideration of $1.3 billion”.

    Following the court’s ruling, the money was transferred to EVP’s Swiss accounts. However, Italian authorities who had by then started investigating the fraudulent deal asked Swiss authorities to freeze the money where it has since remained.

    Others found culpable by Italian authorities include: DescaJzi Claudio, the CEO of Eni; his predecessor, Paolo Scaroni; Roberto Casula, Armanna Vincenzo, Antonio Pagano, Ednan Agaev, Luigi Bisignani and Falcioni Gianfranco.

    Italian prosecutors are also charging Eni and Royal Dutch Shell for their involvement in the deal as multinational firms.

    As part of their findings, Italian prosecutors said officials of Italian oil giant Eni may have received $50 million bribe from the $1.1 billion the company and Shell paid into a Nigerian government account in 2011.

  • Etete, Adoke, seven others charged with $1.6b ‘fraud’

    Etete, Adoke, seven others charged with $1.6b ‘fraud’

    EFCC to try ex-ministers over Malabu Oil deal

    The Economic and Financial Crimes Commission ( EFCC) yesterday filed nine charges bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash against two former ministers.
    Charged are former Minister of Petroleum Resources, Chief Dan Etete, former Minister of Justice and Attorney-General of the Federation Mr. Mohammed Bello Adoke (SAN) and seven others.
    The others are a businessman, Aliyu Abubakar, Malabu Oil and Gas Limited; Rocky  Top Resources Limited; Imperial Union Limited; Novel Properties and Development Company Limited, Group Construction Limited and Megatech Engineering Limited.
    The nine-count charge was filed  at the Federal High Court, Abuja by a team of lawyers, including Johnson Ojogbane, C.C. Nduese, H.M. Mohammed, and  Victor Ukagwu.
    No date has been filed for the arraignment of the suspects, some of whom are outside the country.
    The charges read in part:  “That you Dauzia Loya Etete (aka Dan Etete) and Malabu Oil and Gas Limited on or about 24th August 2011 in Abuja within the jurisdiction of this Honourable Ciurt directly or indirectly took control of $400million only paid from the Federal Government of Nigeria Escrow Account No. 41451493 IBAN 30CHAS699242411492 with JP Morgan Chase Bank in London into the account of Malabu Oil and Gas Limited domiciled  in PHB PLC (now Keystone Bank) Account No. 1005552028 when you knew that the funds formed part of the proceeds of an unlawful activity to wit: Fraud and thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Dauzia Loya Etete (aka Dan Etete) and Malabu Oil and Gas Limited on or about the 10th August 2011 in Abuja within the jurisdiction of this Honourable Ciurt directly or indirectly took control of the sum of $401million only paid from the Federal Government of Nigeria Escrow Account No. 41451493 IBAN  GB 30CHAS699242411492 with JP Morgan Chase Bank in London into the account of Malabu Oil and Gas Limited domiciled in First Bank Nigeria Plc in  Account No. 2011828805 when you knew that the funds formed part of the proceeds of an unlawful activity to wit: Fraud and thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and ounishable under Section 15(3) of the same Act.
    “That you Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited on or about the 10th August 2011 in Abuja within the jurisdiction of this Honourable Court converted the sum of $400m only which sum was transferred   from the Federal Government of Nigeria Escrow Account No. 41451493 IBAN  GB 30CHAS609242411493 with JP Morgan Chase Bank in London into the account of Malabu Oil and Gas Limited domiciled in Bank PHB Plc( now Keystone Bank) Account No. 1005552028 which you claimed was received as payment for Oil Prospecting Licence ( OPL 245)   when you knew that the funds formed part of the proceeds of an unlawful activity to wit: Fraud and thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited on or about the 10th August 2011 in Abuja within the jurisdiction of this Honourable Court directly or indirectly converted the sum of $401,540,000( $401.540m) only which sum was transferred   from the Federal Government of Nigeria Escrow Account No. 41451493 IBAN  GB 30CHAS609242411493 with JP Morgan Chase Bank in London into the account of Malabu Oil and Gas Limited domiciled in Bank PHB Plc( now Keystone Bank) Account No. 1005552028 which you purportedly claimed was received as payment for Oil Prospecting Licence ( OPL 245)   when you knew that the funds formed part of the proceeds of an unlawful activity to wit: Fraud and thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Aliyu Abubakar, Rocky  Top Resources Limited, sometime in 2011 in Abuja within the jurisdiction of this Honourable Court did retain the sum of $336,456,906.78 only in Bank PHB Plc (now Keystone Bank) Account No. 100555202 belonging to Rocky Top Resources Limited when you reasonably  ought to have known that the said funds formed part of  the proceeds of an unlawful activity of Dan Etete and Malabu Oil and Gas Limited to wit: Fraud and thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited sometime in Abuja within the jurisdiction of this Honourable Court having reason to know that the aggregate sum of $801,540,000 only directly represent the proceeds of an unlawful activity of Malabu Oil and Gas Limited to wit, fraud in respect of the said amount used the said funds and you thereby committed an offence contrary to Section 15(2) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited and Mohammed Adoke Bello( SAN) sometime in 2011 in Abuja within the jurisdiction of this Honourable Court conspired among yourselves to commit money laundering offences contrary to Section 18 of the Money  Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Mohammed Adoke Bello( SAN) on or about the 10th August 2011 in Abuja within the jurisdiction of this Honourable Court aided Dauzia Loya Etete( aka Dan Etete)
    and Malabu Oil and Gas Limited  to commit an offence of money laundering by facilitating the payment of an aggregate sum of $801,540,000 only to Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited through the Federal Government of Nigeria Escrow Account No. 41451493 IBAN  GB 30CHAS609242411493 with JP Morgan Chase Bank in London which you  reasonably  ought to have known that the said funds formed part of  the proceeds of an unlawful activity to wit;  fraud and thereby committed an offence contrary to Section 18(a) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.
    “That you Aliyu Abubakar, Rocky  Top Resources Limited, Novel Properties and Development Company Limited, Group Construction Limited and Megatech Engineering Limited between August and December 2011  in Abuja within the jurisdiction of this Honourable Court disguised the origin of an aggregate sum of $478,693,750 only by paying several companies for services rendered  when you reasonably  ought to have known that the said funds directly represented the proceeds of an unlawful activity of Dauzia Loya Etete( aka Dan Etete) and Malabu Oil and Gas Limited to wit fraud and thereby committed an offence contrary to Section 15(2) (a) of the Money Laundering ( Prohibition) Act 2011 as amended in 2012 and punishable under Section 15(3) of the same Act.”

  • Etete’s tale

    Etete’s tale

    Another dent on Nigeria’s anti-corruption war

    The Dan Etete story is just one more humiliation, out of several, that successive corruption-complicit regimes have foisted on the country. By his own confession, the former Minister of Petroleum Resources committed sundry crimes against his country, yet, he is not standing any trial. Conversely, over the same issues, Etete was convicted and sentenced to three years imprisonment in Paris in 1997, for aggravated money laundering. To make matters worse, the current Minister of Justice and Attorney-General (AG) of the Federation, Mr. Mohammed Adoke, in 2011, aided Mr. Etete to claim a staggering $1.1 billion from a smelly oil deal, which an associate of President Goodluck Jonathan, and several other top officials, allegedly benefited from.

    The putrid and sordid tales of Mr. Etete and his company, Malabu Oil and Gas Ltd. started in 1995, while he was Minister of Petroleum Resources under the General Sani Abacha regime. As a minister, he was accused by major oil companies of demanding huge kick-backs from oil companies, before they could renew their licenses or win any oil contract. He also awarded one of the most endowed oil wells, OPL 245, to Malabu, which he originally co-owned with Mohammed Abacha, few days after it was formed, for $20 million, out of which the company paid only $2 million. When, however, Abacha died, and Olusegun Obasanjo became President, the Federal Government took back the ill-gotten oil well in 2001, and subsequently re-awarded it to Shell Petroleum in 2002.

    Malabu contested the re-allocation in court, and petitioned the House of Representatives, which, strangely, decided the matter in its favour. The Obasanjo government subsequently restored Malabu’s rights in 2006, and the benefiting oil majors in turn resorted to international arbitration and the courts. To justify his questionable part in the deal, the Minister of Justice claimed that the Federal Government acted as an ‘obligor’ to resolve the dispute in 2011, for which Malabu received the sum of $1,092,040,000, for the same oil block that the company made a paltry down payment of $2 million in 1995. Mr. Adoke, however, did not tell Nigerians what happened to the huge rip-off, paid by the oil companies to Malabu; a sum that ordinarily would have been paid directly to Nigeria’s coffers, instead of a self-serving, personal company of Mr. Etete.

    According to Mr. Etete in his defence before the French court, what he received was what he called ‘sponsors fee’, stating boldly that it was a common practice in the petroleum sector. He stated in 2002 that what happened under him had been happening before, and was still happening in the industry. To our common shame, the French court found him culpable and punished him for money laundering. His claim that corrupt inducement is a common practice in the industry has been confirmed as recently as in 2011, under the watch of President Jonathan; with the deal that his Attorney-General helped Mr. Etete to perfect. According to the findings of several foreign agencies, various companies subsequently shared the loot paid to Mr. Etete.

    One of the alleged beneficiary companies belonged to one Abubakar Aliyu, who is closely associated with Mr. Diepreye Alamieyeseigha, former President Musa Yar’Adua and President Jonathan. Other companies which had no working relationship with Malabu also received large chunks of the money paid by Shell and ENI to Malabu. To justify these payments, Mr. Etete claimed that: ‘Malabu shareholders decided to spend their money the way they deemed fit’. He claims he only got $250 million from the deal. On his part, the Attorney-General, in defence said: “from the foregoing, the role played by the Federal Government, its agencies and officials in relation to Block 245 was essentially that of facilitator of the resolution of a long-standing dispute over the ownership and right to operate Block 245.”

    Interestingly, the Economic and Financial Crimes Commission (EFCC), before it decided to stay clear of the trail of the Malabu filthy lucre had reported: ‘Investigations conducted so far reveal a cloudy scene associated with fraudulent dealings. A prima facie case of conspiracy, breach of trust, theft and money laundering can be established against some real and artificial persons.” Yet, the anti-corruption agency opted not to pursue the money to its ultimate destination, despite its finding that crimes have been committed against the state.

    It is also worrisome that the previous House of Representatives could urge the Federal Government to restore the ownership of Malabu over Block 245, when it conducted its investigation, despite the glaring criminality. The greatest tragedy, however, is the possibility that a minister could award such a humongous national resource to himself.

    All said, however, there is the need to bring the culprits to justice.