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Tag: Malabu oil

  • Malabu Oil: Court to rule in Adoke,others’ no-case submission Feb 29

    Malabu Oil: Court to rule in Adoke,others’ no-case submission Feb 29

    Justice Abubakar Kutigi of a Federal Capital Territory High Court has fixed February 29 for ruling in the no -case submission filed by former Justice Minister Mohammed Adoke, SAN and six others.

    Adoke is charged along with Aliyu Abubakar; Rasky Gbinigie; Malabu Oil and Gas Limited; Nigeria Agip Exploration Limited; Shell Nigeria Extra Deep Limited and Shell Nigeria Exploration Production Company Limited over the controversial Oil Prospecting License (OPL) 245, otherwise known as Malabu Oil scam.

    Justice Kutigi, while ruling in an oral application for adjournment by the Economic and Financial Crimes Commission (EFCC) in the trial, held that the court is a temple of justice.

    He declared that the court could not be at the whims of anybody or institution, even asserting that lawyers, as ministers in the temple of justice, has roles to play in strengthening the capacity of the court.

    Adoke who served as AGF and Minister of Justice under the administration of former President Goodluck Jonathan, was dragged before the court by EFCC in the suit, marked FCT/HC/CR/151/2020, on an amended 40-count charge bordering on the controversial Malabu Oil scam.

    Earlier, the prosecution counsel Sylvanus Tahir SAN, told the court that though the business of the day was adoption of written addresses in the no-case submission made by the defendants, he had the mandate of the EFCC Chairman to seek a short adjournment.

    Tahir informed the court that the chairman instructed him on Thursday to appear in court in the case, adding that at the highest level, the government was looking at the case.

    He added that the case was of particular interest to the government as it concerned the controversial OPL 245 and wanted to look at it in the interest of all.

    He further said that the complainant in the case is the Federal Republic of Nigeria and that the case was initiated before the current administration came onboard.

    EFCC’s oral application for a short adjournment was vehemently opposed by all the defendants, counsel.

    They submitted that it was unfair for the prosecution to make such an application when issues had been joined in the no-case submission by their respective clients.

    Chief Kanu Agabi SAN, Adoke’s counsel said the former AGF was brought to court under suspension and could not practise as a lawyer in the almost four years the case had been in court.

    Read Also: Witness testifies against Etete in $1.3b Malabu Oil proceed suit

    Wole Olanipekun SAN, counsel for Abubakar, asserted that the court cannot adjourn because the EFCC chairman wanted an adjournment.

    He added that the Attorney-General of the Federation upon assumption of office has the power to review the case.

    While counsels for other defendants, including Adeyemi Sekoni Lawal; Isiaka Kadiri; Joe Kyari Gadzama SAN; O Opasanya SAN, in that order, aligned their submissions with those of Agabi and Olanipekun.

    They submitted that EFCC had admitted in its written address that it had no sufficient evidence against the defendants to sustain the case.

    They all, therefore, urged the court to dismiss the prosecution’s oral application.

    Ruling on the application, Justice Kutigi held that granting an adjournment is at the discretion of the court, which must be exercised judiciously and judicially.

    The judge said while the charge was filed in 2020, the prosecution called its witnesses and then closed its case, paving the way for the defendants to open their defence but instead they chose to make a no-case submission.

    He held that having made the submission and filed their addresses, which the prosecution equally replied to, issues had been joined.

  • Malabu: Ijaw youths protest ‘persecution’ of Dan Etete

    …Threaten to stop oil production

     

    Ijaw youths Thursday trooped out to protest ongoing fresh investigations into alleged fraud in the Oil Production Licence (OPL) 245, an oil block belonging to Dan Etete, popularly known as Malabu oil deal.

    The youths, who took over the Ijaw House along Sani Abacha Expressway in Yenagoa, Bayelsa State, said “the continuous harassment of Etete by the Federal Government” was an affront to the Ijaw people.

    The youths who were led by the Central Zone Chairman of the Ijaw Youths Council (IYC), Mr. Tare Pori, displayed placards with inscriptions such as, “Stop oppressing Ijaw son”, “Leave Dan Etete alone”, “Ijaws will not bow to intimidation”, “we feed Nigeria”, “oil blocks belong to Ijaw people”, “we own the oil wells”, among others.

    Pori, who was visibly angry, said it was unfair for the Federal Government to continue “persecuting Etete”, the only big Ijaw player in the oil and gas industry.

    He wondered why OPL 245 was singled out for a prolonged probe among other licenses awarded the same time to people of other ethnic groups.

    He said the government by its action was sending a wrong message that it was averse to the participation of the Ijaw and the Niger Delta region in bidding and owning oil blocks domiciled in their territories.

    Pori, whose speech was interrupted by solidarity chants, asked the government to discontinue the probe if it valued the existing peace in the Niger Delta region.

    He said the youths would no longer remain calm amidst the force of oppression and perceived injustices done to their kinsmen in the oil and gas industry.

    Pori maintained that if the government insisted on continuing with the probe, it should also in the spirits of fairness open investigations into deals involving other oil licenses awarded alongside Malabu.

    The IYC boss noted that the passed administration looked into the alleged fraud in the award of the license and found no merit in it adding that the current Attorney-General of the Federation gave the process a clean bill of health.

    He said it was unfortunate that the government was still investing its energy in the matter adding that the action of the government was targeted at tarnishing the image of an Ijaw man.

    According to him if the government failed to stop the probe, Ijaw youths would use the occasion of the 50th Anniversary of their hero, late Major Isaac Adaka Boro, on May 16thbto make a statement.

    Porri said: “For the first time in 1998, the late Sani Abacha came up with the process of awarding oil licenses in this country and for the first time in the history of this country, an Ijaw man from Odi where the late Isaac Boro actually came from got the OPL 245. This is the popularly talked about the Malabu oil deal.

    “We are not happy that this only Ijaw man, Dan Etete, has been facing persecution since then. But we have resolved that moving forward if the Nigerian state thinks that Ijaw people are not good enough to own oil blocks, no human being in this world from any other parts of the country will be good enough to own oil blocks.

    “We demand the immediate stoppage of this persecution. Any further attempt to persecute the only Ijaw man in oil and gas business in Nigeria, Dan Etete, the country should be ready not to take oil from our environment.

    “The country should look elsewhere for resources to fund her budgets. We will not allow this to happen again. We only lost an election in 2015. We didn’t commit a crime. This persecution of Ijaw people must stop.

    “They have done the worst they want to do to us by blackmailing Ijaw people to believing that we are not good enough to occupy the Presidential office; if the country is saying that we are not also good to own our own properties, nobody is fit to own oil blocks.

    “They are doing all these because we are aware that the next few months they would commence the process of revoking oil licenses in the country. By 2019 they will commence the process of issuing out new licenses in the country. They are bent in ensuring that no Ijaw man gets the license”.

    Pori added: “If they decide to play politics with our modest demands, they know what we are capable of doing. Where are they expecting funds from to fund the 2018 budget and the election year budget? It is from the Niger Delta.

    “If they don’t allow Etete to continue to do business in the oil and gas industry, Ijaw people will have no choice than to tell the country that the oil and gas belong to us. They should stop the investigations of the Malabu oil deal. OPL 245 belongs to an Ijaw man”.

  • Malabu Oil scam: Court adjourns case until April 23

    Malabu Oil scam: Court adjourns case until April 23

    The Federal High Court, Abuja, on Tuesday adjourned all three suit relating to the alleged Malabu Oil I.1 million US dollars until April 23.

    In one of the suits, the prosecution had filed an oral application seeking a leave to file a written motion to withdraw charges against some of the defendants.

    In the other second leg of the suit, four out of the 10 defendants had filed notices of preliminary objections on the charges leveled against them.

    The judge, Justice John Tsoho, who eventually consolidated the motions, held that the court required quality time to peruse through the issues raised in order to deliver a water tight ruling on them.

    The News Agency of Nigeria (NAN), reports that hearing of the third leg of the suit, with five defendants, was also stalled due to absence of some of the parties.

    The judge, however, ordered the prosecution to again serve the defendants, who were not in court, with the fresh hearing notice.

    The Economic and Financial Crimes Commission (EFCC) on March 3, 2017, filed a three-count charge against two multinational oil firms, Shell and ENI, for their roles in the alleged Malabu Oil scam.

    The EFCC also in December, 2017 filed related charges against two former Nigerian ministers, Mohammed Adoke, and Dan Etete, and others, after concluding investigations on the 2011 controversial‎ sale of OPL 245.

    The alleged fraud committed by the ex-Nigerian officials and officials of the oil firms, has also led to investigations and charges in Italy.

    The EFCC had also secured a court order, ensuring the return of the OPL 245 to the Nigerian government, pending the determination of the court cases against the defendants.

    NAN recalls that all the defendants had denied any wrong doing.

    NAN

  • Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    Alleged $1.1bn Malabu scam: Why Adoke must be prosecuted, by Malami

    The Minister of Justice and Attorney-General of the Federation (AGF) Abubakar Malami (SAN) gave reasons yesterday why a Federal High Court in Abuja should not allow his predecessor’s case, challenging a pending charge against those linked with the alleged $1.1bn Malabu Oil scam.

    One of Malami’s predecessors, Mohammed Adoke (SAN), named with some others in a charge filed by Economic and Financial Crimes Commission (EFCC) is challenging his inclusion as defendant in the charge.

    At the hearing of the suit by Adoke yesterday, Malami argued that since Adoke  cannot hide under the civil suit filed before the court to evade being prosecuted on the pending five-count charge filed against him and others by the EFCC.

    Represented by the Permanent Secretary and Solicitor-General of the Federation of the Federal Ministry of Justice, Dayo Apata, Malami added that his predecessor’s suit could not be used to truncate a criminal trial initiated by the EFCC.

    Malami contended that Adoke’s suit disclosed no reasonable cause of action, adding that it could not be used to stop a criminal case.

    By his suit filed in May 2017, Adoke wants the court to declare illegal, his prosecution by the EFCC in reation to his involvement in the deal between Malabu Oil and Gas Limited and the Federal Government over the oil field covered by the Oil Prospecting Licence 245.

    Arguing the plaintiff’s case yesterday, Adoke’s lawyer, Kanu Agabi (SAN), a former AGF, urged the court to grant his client’s prayers.

    Agabi prayed the court to hold that the plaintiff had not done any wrong for obeying the President’s directive.

    Agabi drew the judge’s attention to paragraphs 2 and 3 of Exhibit 19, a document in which Malami had, in his legal opinion sent to the Acting Chairman of the EFCC, Ibrahim Magu, noted that the proof of evidence in the case file did not link Adoke and other defendants charged to the offences disclosed.

    Apata explained that the letter by the AGF, which also urged the EFCC to carry out further thorough investigations, “does not remove the culpability of the plaintiff”.

    Dated September 20, 2017, the letter cited by Agabi stated, “Having fully examined the entire case file, I am inclined to request you to reconsider the charge in relation to the composition of the parties, the offences, the proof of evidence and the case summary in view of the fact that nothing in the proof of evidence appears to have directly linked the parties to the offences as charged.

    “A curious observation of the entire file, clearly indicates that the proof of evidence is unlikely to support the counts which border on fraud, conspiracy and money laundering.”

    Apata drew attention to the concluding part of the letter which, he said, only called for further investigation, but did not exonerate Adoke.

    The said concluding part of the letter read:  “On the above grounds, I am at the considered view that there is the need to consolidate on the charges and the matter be thoroughly investigated, especially regarding the allegations of wrongdoing in connection with the $1.1bn USD in order to satisfy the constituent elements of offences.

    “You are to also take steps to urgently file an application for a worldwide mareva injunction and or the forfeiture of the assets of the beneficiaries of the $ 1.1bn  pending the conclusion of your investigation in the areas above stated.”

    Trial judge, Justice Binta Nyako has adjourned to February 28 for judgment.

  • Malabu Oil: FG begs for time to produce Adoke, Etete, others in court

    Malabu Oil: FG begs for time to produce Adoke, Etete, others in court

    The Federal Government Thursday urged a Federal High Court in Abuja to accord it more time to produce for trial, former Minister of Justice and Attorney General of the Federation (AGF) and others charged in the controversial $1.1billion Mababu Oil deal.

    The others are: former Petroleum Minister, Duazia Loya Etete (aka Dan Etete); businessman, Aliyu Abubakar;  Shell Nigeria Exploration Production Company, ENI, Malabu Oil and Gas Limited, Rocky Top Resource Limited, Imperial Union Limited, Novel Properties and Development Company Limited, Group Construction Limited and Megatech Engineering Limited.

    Adoke and Etete, who are said to be currently outside the country, are accused, in the charge before the court, of complicity in the massive fraud associated with the transfer of OPL 245 earlier held by Malabu Oil to Shell and Agip Oil.

    In the charges filed on behalf of the Federal Government by the Economic and Financial Crimes Commission (EFCC), the defendants are also accused of defrauding the government of $1.1 billion in a fraudulent transfer of OPL 245 ownership.

    When the case was mentioned Thursday, lawyer to the FG, Jonson Ojogbane told the court that the state was still unable to extradite Adoke and Etete for the purpose of producing them and others for arraignment.

    Ojogbane sought for more time for the government to conclude its on-going effort to have Adoke and Etete brought back to the country.

    Ojogbane said: “My Lord, my situation has not improved since the last time I came to court.

    “The process of getting the defendants to appear in court to face arraignment is very cumbersome, but it is ongoing.

    “We are hoping that very soon the process will be concluded,” he said.

    In view of Ojogbane’s request, which was not opposed by other lawyers in the case, Justice John Tsoho adjourned to February 15 next year.

    Ojogbane had, at the previous proceedings on June 13, told the court that the government has initiated the process of extraditing the two former ministers for the purpose of the trial.

    Ojogbane said “the Federal Government is doing everything within its power to bring them back to Nigeria to face trial.

    “The EFCC wants to ensure a holistic approach to the case and we want to ensure that those who are charged are tried together. All we need is some time.

    “If we are able to do this, then we’ll continue. Otherwise we take a major decision to see how we can proceed with those available for the trial.”

    When the case was first mentioned on April 3, Ojogbane told the court that the prosecution was having difficulties serving Adoke and Etete with the charges because they are outside the jurisdiction of the court.

    He applied for a warrant of arrest against both ex-ministers to compel them to attend court to answer to charges, an application Justice Tsoho declined on the grounds that the two have not been arraigned before the court.

  • Malabu Oil:  Adoke alleges EFCC plot to abduct him 

    Malabu Oil:  Adoke alleges EFCC plot to abduct him 

    A former Attorney-General of the Federation and Minister of Justice Mohammed Bello Adoke (SAN) yesterday alleged that the Presidency and the Economic and Financial Crimes Commission (EFCC) were planning to abduct him from his base abroad.

    He also said the government was plotting to give him what he called “Dasuki treatment.”

    He said the EFCC and the government were denying him of livelihood, family life, as well as his legitimate right to fundamental freedoms.

    Adoke made the claims in a statement from his overseas base against the backdrop of the ongoing investigation of the $1billion Malabu Oil Block.

    In the personally signed statement, he ex-minister said: “I have become aware of plans being made by the Economic and Financial Crimes Commission (EFCC) acting in concert with the Presidency to illegally abduct me and forcibly drag me to Nigeria for purposes of detaining and humiliating me for having the audacity to challenge in court, my continuous persecution, intimidation and harassment by the EFCC.

    “I therefore wish to use this medium to once more sensitise Nigerians and the international community about the flagrant abuse of my rights being perpetrated by Nigerian authorities under the guise of fighting corruption and the plan to illegally abduct me against all known international laws, rules and norms in order to forcibly take me to Nigeria akin to the botched  ‘Umaru Dikko Saga’ in the UK in 1984 for the sole purpose of humiliating and illegally detaining me indefinitely for daring to challenge the actions /illegalities of the EFCC before Nigerian Courts and relevant UN Human Rights mechanisms.”

    He gave insights into why the government and the EFCC were allegedly against him.

    He said:  “It will be recalled that following relentless media attack on my person by the EFCC,  acting in concert with some powerful families with known ties to the government which culminated in the filing of phantom money laundering and corruption charges against me, I made spirited efforts to engage with relevant officials of government including the EFCC, the Office of the Attorney General of the Federation and the Presidency to furnish them with all the information in respect of the OPL 245 Settlement Agreement between the Federal Government of Nigeria and Malabu Oil & Gas Limited which was brokered by the administration of President Olusegun Obasanjo, GCFR.

    “I also furnished copies of relevant Agreements and Presidential approvals to implement the Settlement Agreement; evidence that the signature bonus of US$210 million due to government was duly paid and that all the officials that were involved in the implementation of the Settlement Agreement acted in furtherance of the requisite Presidential approval to actualize Government’s desire to end a long standing dispute over the ownership and operation of Block 245 that had prevented the commercial exploitation of the block for the benefit of the country.

    “Despite my best endeavour to explain the transaction, it became obvious that those who felt aggrieved by my refusal to use my office to further their interests in Malabu Oil & Gas Limited, (the beneficiary of the OPL 245 Settlement Agreement) were intent on impugning the transaction in order to strengthen the hands of their collaborators in government to repudiate settlement.

    “Consequently, concerted efforts were made in the media to taint the otherwise transparent implementation of the Settlement Agreement with corruption. I was singled out for prosecution in the absence of any proof of personal interest/gain or wrongdoing on my part.

    “It was against this background that I approached the Federal High Court for interpretation of the provisions of sections 5(1); 147, 148, and 150 of the Constitution of the Federal Republic of Nigeria, 1999 as amended in order to determine whether as a Minister in the Government of the Federation, I could incur criminal liability for carrying out the lawful directives of the President and Commander-in-Chief, particularly where it has not been shown that I acted in excess of such authority or directive.”

    Adoke alleged that the presidency and the government opted for renewed harassment for him because he refused to back down on his legal action.

    He said: “I have petitioned the UN Special Rapporteur on the Independence of Judges and Lawyers about my plight and the deliberate efforts being made by the EFCC and the government to deny me my livelihood, family life, as well as my legitimate right to fundamental freedoms.”

  • Malabu oil scam: Probe Obasanjo, Ijaws charge Osinbajo

    Malabu oil scam: Probe Obasanjo, Ijaws charge Osinbajo

    An Ijaw socio-political group, the Ijaw Union, has challenged the Acting President to probe former President Olusegun Obasanjo’s links with the intractable Malabu Oil & Gas oil bloc to convince Nigerians of its readiness to fight corruption.

    They took a swipe at former President Olusegun Obasanjo over the denial of his involvement in the ongoing investigations on the Malabu/OPL 245 saga. The group said the former leader cannot exonerate or absolve himself of guilt in the mess because he, as the President and Minister for Petroleum Resources had ordered the revocation of the oil block 245 from Malabu Oil and Gas in 2001.

    In a statement signed by Ebitari Dombraye and Wilson Awengidappa on behalf of the Ijaw Union, the group decried resort to “unnecessary sensationalism” by the former statesman and called on the Federal Government to conduct a thorough investigation into the Malabu oilgate if indeed it is committed to fighting corruption in the country.

    They alleged that even despite the clean bill of health given by the Christopher Kolade Commission which reviewed all previously awarded oil blocks in the country; President Obsanjo went ahead with revocation.

    “Let us recall that in 2001, the Obasanjo government revoked the award to Malabu Oil & Gas even after the Christopher Kolade commission set up to review previously awarded oil blocks in the country, found nothing untoward in the award to Malabu Oil & Gas. This revocation did not follow due process or indeed the Petroleum Act and what was even more curious; no reason whatsoever was given for the revocation.”

    The group said after withdrawing the block from Malabu by an “obnoxious fiat,” the former President awarded same to Shell even though Shell which until the revocation was the technical partner to Malabu on the same oil block.

    “The former President did this in blatant disregard of the Petroleum Act and Indigenisation policy, a major consideration for the award.

    Despite revoking the block, the ex-President also went ahead to negotiate directly with Shell where they extracted a $210 million from Shell as against $20 million earlier awsarded to Malabu with plans to appoint a crony to take ownership of the asset with Shell.

    The group said the former President had to reinstate the Malabu licence after protracted court cases and a national assembly resolution to lay the asset to waste even as the approval was validated by the two successive governments.

    “Former President Obasanjo’s government reinstated the asset to Malabu with Chief Obasanjo as Petroleum Minister and Bayo Ojo (SAN), as Attorney General, the Yar’Adua government validated it with Odein Ajumogobia (SAN) as Petroleum Minister and Michael Aoondaka as Attorney General and finally the Goodluck Johnathan administration with Diezani Madueke as minister and Mohammed Adoke (SAN) as Attorney General. If Chief Obasanjo’s claim has any currency, are we saying none of these individuals and ministries and the plethora of egg-heads that populate them including officials of Shell and ENI the other counter parties, could not have pointed out the fact that the 2006 approval to return the block to Malabu was done without the knowledge or consent of the President or Minister of Petroleum who were one and the same person?”

    The group said rather than being seen as another Niger Delta trouble makers, their agitation is to stoutly pre-empt any attempt to sacrifice an indigene of the Niger Delta as the fall guy for a transaction that has gathered notoriety in the public domain, whilst others who have no stake in the Niger Delta or its people, emerge from the shadows to benefit from the demise of one of our people.

    According to them, it is an aberration that the minorities who bear the brunt of the nation’s economic prosperity would be precluded from it. “Is it such an aberration to the Nigerian state that the minorities who live and suffer under the consequences of oil production and environmental degradation should not ever have any say or right over their own God given resources? Must all those who benefit in any shape or form come from outside the region? What is our stake in Nigeria? What is our standing?”

    They charged the Federal Government to conduct a fresh investigation into the Halliburton scandal where huge sums have been traced to the former President’s political cronies; the Ajaokuta Steel Company debacle, and the Abacha loot recovered from the Abacha family during the Obasanjo administration and “relooted”.

    Also worthy of being probed, according the group is the administration reckless and irresponsible sale of Nigeria’s strategic oil interests to cronies.

    The group said successive administration’s giveaways of the nation’s oil wells have reduced Nigeria to little more than a tax collecting nation with no regard for investment in His administration’s giveaway of these oil blocks reduced Nigeria to little more than a tax collecting nation with no regard for investment in the state-owned oil company, NNPC and its many subsidiaries.

     

  • $1.04bn block: How Diezani ceded OPL 245 to Malabu Oil in 2010

    $1.04bn block: How Diezani ceded OPL 245 to Malabu Oil in 2010

    •What Mohammed Abacha told FG on the firm’s shareholders’ crisis

    More trouble awaits a former Minister of Petroleum Resources, Mrs. Diezani Alison-Madueke, following fresh revelations yesterday that she has been fingered in the ceding of the controversial $1.04billion OPL 245 to Malabu Oil.

    It was also learnt that contrary to their claim, the Abacha family in December 2012 sought  the Federal Government intervention in the shareholders’ dispute in Malabu Oil and Gas Limited.

    But the government in January 2013 asked aggrieved shareholders to go to court, a development which was unacceptable to the Abachas at that time.

    These facts have emanated from the  ongoing investigation of the controversial oil block by the Economic and Financial Crimes Commission(EFCC).

    Findings by our correspondent revealed that detectives have obtained more documents, implicating Diezani in the oil block deal and confirming the interest of the Abacha family.

    Although the ex-minister is still holed up in London pending a trial in a UK court, it was learnt that she has a case to answer on the Malabu Oil block.

    A top source, who spoke in confidence, said: “The ongoing probe of the controversial oil block has shown that Diezani was central to the ceding of the oil block to Malabu Oil and Gas Limited.

    “Some documents available to detectives have clearly shown that she has some explanation to give on how the oil block was returned to Malabu.

    “At the appropriate time, the EFCC may seek inter-agency collaboration with the appropriate authorities in the United Kingdom to enable its detectives to interrogate Diezani.”

    Responding to a question, the source added: “There are many suspects we are closing in on the Malabu Oil block. More will still face trial.”

    In a July 2nd 2010 letter to the Managing Director of Malabu Oil and Gas Limited, Diezani asked the company to pay US$210million as signature bonus.

    The letter, ICSID Case No. ARE/07/18, said: “Further to the Settlement Agreement between the Federal Government of Nigeria and Malabu Oil and Gas Ltd dated  November 2006, your company is hereby allocated OPI 245 subject to the payment of the sum of US$210million as signature bonus into the Federal Government designated account less the sum of US$2,040,000 already paid by your company in respect of the said block within ninety days (90 days) from the date of receipt of this letter.

    “Please note that failure to pay the above mentioned within the stipulated period will amount to forfeiture of the allocation without further notice from the office.

    “Please, accept the assurance of my highest regards.”

    As at press time, findings confirmed that the Abacha family begged the Federal Government to intervene in the shareholders’ dispute in Malabu Oil and Gas Limited.

    But  after failure by shareholders to meet, the government asked those aggrieved to go to court.

    It was learnt that a company, ‘Enervate Consult Limited’, approached the former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), for “urgent intervention in the dispute among shareholders of Malabu Oil and Gas Limited.

    The AGF through a letter,  HAGF/GEN/SA3/2012/1 of December 18, 2012 and signed by a Special Assistant to the ex-minister, Mr. Pius Oteh, sought clarification from the Abachas on the status of Enervate Consult Limited.

    The letter said: “I am directed to you that the Honourable Attoney-General of the Federation and Minister of Justice (HAGF) is in receipt of a letter dated today, 18th December, 2012 from a certain ‘Enervate Consult Limited’ in respect of the above described matter.

    “The said company has indicated in the said letter that it is representing your interests towards the resolution of the alleged dispute among shareholders of Malabu Oil and Gas Limited over ownership rights.

    “The HAGF requests that you confirm that the said ‘Enervate Consult Limited’ has been so instructed by you to represent your interests in the matter.

    “Please, accept the assurance of the good wishes of the Honourable Attorney-General of the Federation and Minister of Justice.”

    But  Mohammed Abacha disowned the consulting firm and chose to handle the shareholding crisis through two representatives-Abdullahi Haruna and Reuben Okpanachi Atabo Esq.

    In a December 18, 2012 letter to the ex-AGF and Minister of Justice, Mohammed Bello Adoke(SAN), the scion of Abacha family, Alh. Mohammed Abacha said: “I acknowledge the receipt of your letter with reference no. HAGF/GEN/SA3/2012/1 dated 18th December, 2012 on the above subject and want to thank you immensely for the warm reception accorded me and my team in your office today.

    “I want to formally inform you that I want to directly handle the current stage of efforts to resolve the outstanding shareholders dispute would want to be presented at all meetings by Abdullahi Haruna and Reuben Okpanachi Atabo Esq.”

    On March 21, 2017, Mohammed Abacha approached a Federal High Court in Abuja, asking it to declare him and a firm, Pecos Energy Ltd, as genuine owners of Malabu Oil & Gas Limited.

    The EFCC had filed two  charges against some people suspected to have played some roles in the auctioning of the oil block.

    The commission on  December 20, 2016 filed nine charges bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash against a former Minister of Petroleum Resources, Chief Dan Etete, a former Attorney-General of the Federation, Mr. Bello Adoke (SAN), 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.

    In another separate charge, the EFCC sued  Etete, Adoke, Abubakar and eight others over alleged $801million bribe in respect of the auctioning of the Malabu Oil block.

    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) whilst being the Director of AGIP; Pujatti Stefeno(Italian) while being the Director in AGIP; and Burafato Sebastiano (Italian).

    All the suspects have denied the charges.

  • Malabu Oil deal: MEND backs Reps’ summon to Jonathan

    Malabu Oil deal: MEND backs Reps’ summon to Jonathan

    The Movement for the Emancipation of the Niger Delta (MEND) has hailed the decision of the House of Representatives to summon former President Goodluck Jonathan on the controversial Malabu Oil deal.
    In an online statement yesterday by its spokesperson, Jomo Gbomo, MEND accused former President Jonathan of having questions to answer in the oil deal.
    The group urged the Federal lawmakers to compel Jonathan’s appearance.
    It said: “We are compelled by natural justice, equity and good conscience to lend our voice to the most ignoble and despicable role played by the former President in the messy affair, which has tainted the image of Nigeria, locally and internationally.
    “Like millions of Nigerians at home and in the Diaspora, who have keenly followed the OPL 245 saga, we have reasonable grounds to suspect that former President Jonathan may have indeed compromised his high office with regard to the matter, more especially, given the fact that key officials of his administration, including the then Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN), have been indicted and charged before the Federal High Court in Abuja.
    “We are in full support of moves by the House of Representatives to summon the former President to appear before the House to give answers to the myriad of questions concerning his role in OPL 245.
    “Where he (Jonathan) refuses to honour the invitation, we urge the House to invoke its inherent powers to compel his appearance.”
    Also, the militant group said it was alarmed by reports of the planned relocation of Shell Petroleum Development Company of Nigeria Limited (SPDC) to Lagos, from Port Harcourt, in Rivers State.
    MEND said if it was true, the Anglo/Dutch oil giant (SPDC) should shelve the relocation plan.
    It noted that the move could reawakening restiveness in the Niger Delta region.
    MEND said: “Besides the massive loss of jobs, opportunities, taxes and other incentives the planned move (by SPDC) will cause in the medium to short term, it is (also) clear to all stakeholders, including the Federal Government, that such a move is ill-advised, especially against the backdrop of the recent directive from the Federal Government to the International Oil Companies (IOCs) to relocate to their areas of operation in the Niger Delta.
    “To be sure, the Niger Delta region is no longer hostile to the business interests of the IOCs, including SPDC, as peace has since returned to the region; following the enervating efforts of MEND, the Pan-Niger Delta Forum (PANDEF), the various state governments and the Federal Government. There is therefore no reason whatsoever for SPDC to relocate to Lagos.
    “We use this opportunity to warn that we shall reconsider the unilateral ceasefire of May 30, 2014, if SPDC relocates to Lagos.”
    While commenting on the sudden death of a Niger Deltan, Rear Admiral Daniel Teikumo Ikoli in Lagos on April 5, 2017, MEND described the ugly development as suspicious and unfortunate.
    It said: “Death is an inevitable end for all mortals, but our suspicion is fed by conflicting reports surrounding the circumstances of his (Ikoli’s) death.”
    The militant group called on the Nigerian military high command to initiate a thorough investigation into the remote and immediate circumstances surrounding the death of Ikoli, whom it described as one of the shining lights of the Ijaw ethnic nationality in the Nigerian Navy.

  • Panel’s report indicts Jonathan, others in $1.1b Malabu Oil deal

    Panel’s report indicts Jonathan, others in $1.1b Malabu Oil deal

    The House of Representatives ad hoc committee investigating the alleged corruption, malpractices and breach of due process in the award of OPL 245 has indicted former President Jonathan for his role in the contentious Malabu oil block deal. Dr Jonathan denies any wrongdoing.
    The report on the Oil Prospecting Licence (OPL) 245, which comprises a large area of 1,958 square kilometers, including two deep water fields and reckoned to hold an estimated 9.2 billion barrels of crude oil, followed over three months of continuous investigation.
    The committee, headed by Hon. Rasak Atunwa, who is also the Chairman, House Committee on Justice, believes the former president cannot claim ignorance of the facts leading to the payout of $1.1 billion on the Malabu deal which culminated in a huge revenue loss for the country.
    The committee recommended that the ex-president be given an opportunity to explain his role in the approval of the April 2011 Agreement which acted as a catalyst for the supposed “resolution” on which the $1.1 billion was paid.
    The committee also stated that since allegations against the ex-President are weighty, the House should invite him to appear before it to state his side of the story, especially if he approved the payment as claimed by some of the principal actors in the issue and also to clear his name that he received part of the payout.
    Dr Jonathan was indicted by the Southern Crown Court in the United Kingdom (case no 74/14) before Mr. Justice Edis on 23rd and 24th November, 2015, between Malabu Oil and Gas Limited (Applicant) and the Director of Public Prosecution (Respondent ).
    The original application, The Nation learnt, had been made following a Mutual Legal Assistance (MLA) request made on 26th May, 2014, by Mr. Fabio de Pasquale, a Public Prosecutor of Milan (PPM).
    The former President was alleged to have received part of the $1. 1 billion paid to Malabu Oil. He denied ever receiving any cash.
    The UK court, in its judgement, said: “It is of note that Malabu had paid (if anything) only a very small proportion of the sum which it received for this licence. Therefore, a sum of approximately $1bn for exploration right of OPL 245 was paid, not to the Nigerian people for whom they belonged, but to Malabu.”
    The committee is also asking for the prosecution of former Minister of Petroleum Resources Mrs. Diezani Alison-Madueke for her role in the alleged fraud.
    Mrs. Alison-Madueke was recommended for prosecution on the premise that the transfer of the funds was approved through an escrow account allegedly opened by herself and former Attorney-General of the Federation and Minister of Justice, Muhammed Adoke, through two Nigerian banks.
    Other people recommended for prosecution by the ad hoc committee include the former AGF Adoke, who allegedly crafted the agreement and also argued that the payment was in the interest of the Nigerian people; Mr. Abubakar Alleel, who was said to have acted as a conduit through which the money was disbursed; SHELL/ ENI/NAE for their role in the ‘fraud’ particularly as they were already facing investigations on the issue abroad, and Olusegun Aganga, former Trade Investment Minister.

    The committee wondered why the anti-graft agencies, especially the Economic and Financial Crimes Commission (EFCC), were not showing active interest in the oil giants as regards the Malabu fraud. The EFCC has already filed charges against former Minister of Petroleum, Chief Dan Etete, Adoke and others.
    It recommended the immediate prosecution of Shell/ ENI for criminal acts, inimical to the well-being of the economy as international prosecutors have declared that part of the $1.1 billion found its way to officials of the companies involved.
    Also indicted is another former AGF Bayo Ojo, (SAN), who is alleged to have benefited from the Malabu payment, and Etete.
    Many stakeholders are laying claim to being the authentic owners of Malabu Oil and Gas.
    They include Mohammed Abacha and Otunba Oyewole Fasawe and the Minister of Justice and Attorney – General of the Federation, Abubakar Malami, who insisted that investigation into the alleged fraud had not yielded any candidate for prosecution.
    The Nation learnt that though the chairman of the ad hoc committee, Hon. Rasak Atunwa, is out of the country, the report will be laid immediately after the House resumes from the Easter break for further consideration.
    The Jonathan angle, The Nation learnt, was responsible for the delay in the submission of the report as the committee members deliberated on how to go about summoning the former president.
    A source told our reporter that the event might be held behind closed doors when the ex-president eventually appears and the report attached as an addendum.
    Atunwa, had in a previous chat with The Nation said in an effort to recover $1.1 billion allegedly denied the country as revenue, his committee will focus on the international aspect of the Malabu Oil deal