The Nation Newspaper

Tag: Malabu

  • On the Malabu scandal

    SIR: The announcement made last week by the Attorney General of the Federation and the Minister of Justice, Abubakar Malami that the British government had returned to the Nigerian government $85 million dollars out of the looted funds in the shady Malabu oil bloc deal is a welcome development. The federal government must however not rest on it’s oars as it must go the whole hog in unraveling all those involved in what many have dubbed as the largest organized crime in the whole of Africa. It must also go ahead to prosecute them in court and recover every single kobo that was looted by these greedy and unpatriotic elements.

    It all started in 1998 when the then Head of State, General Sani Abacha decided to increase indigenous participation in the upstream sector of the petroleum industry. Malabu oil and gas owned by the then Petroleum Minister, Chief Dan Etete acquired OPL 245 for $20 million dollars but only made a part payment of $2 million dollars. The oil field is estimated to hold nine billion barrels of crude oil worth about half a trillion dollars thereby making it one of the largest and most lucrative oil blocs in Africa. Malabu brought in Shell as technical partners but the deal was revoked by Chief Olusegun Obasanjo upon assumption of office in 1999. He thereafter proceeded to award the oil bloc to Shell without a public bidding which led to a lengthy court battle between Malabu and Shell before they finally agreed on an out of court settlement. Obasanjo, however returned OPL 245 in 2006 to Malabu. Shell began negotiating directly with Etete in order to acquire OPL 245 shortly after Jonathan assumed power in 2010. The deal between Etete and Shell was consummated in 2011 when Malabu sold OPL 245 to Shell and Eni for a whopping $1.1 billion. The Nigerian government under Jonathan acted as intermediaries in the sale since such a huge amount of money could not be paid directly to Etete who was a convicted felon in France as at that time. He had earlier been convicted in absential of money laundering in France. Shell and Eni paid $1.1 billion dollars to the Government of Nigeria which subsequently transferred $800 million dollars to Malabu. The transfer was authorized by the then Attorney General of the Federation Muhammed Adoke and Yerima Ngama,the then Minister of State for Finance. Malabu transferred over half of the $80 million dollars it received to several accounts around the world as bribes to politicians in Nigeria who helped facilitate the deal.

    There are three main issues involved in this messy oil deal which I have aptly tagged Malabugate. One, that OPL 245 was sold to Malabu oil in 1998 for a mere pittance. It was sold for $20 million dollars out of which it only paid $2 million dollars. This was for an oil bloc worth several hundreds of billions of dollars. Also, Dan Etete’s award of an oil bloc to a company in which he had substantial interest smacks of nothing but corruption. Two, that the government under President Jonathan helped transfer such a humongous amount of money to a company owned by a convicted felon in France who bought a valuable national asset at a give away price beggars belief. All the government officials complicit in this deal should be brought to book no matter how powerful or highly placed they might be. Three, the Nigerian government only paid $800 million dollars to Malabu oil leaving a balance of over $200 million dollars. What happened to the remaining $200 million dollars?

    These three main issues should be the focus areas of the government as they investigate, prosecute and recover the looted funds in the Malabu oil deal. Otherwise, it is not yet uhuru.

     

    • Peter Ovie Akus,

    Ifo, Ogun State.

  • Nigeria recovers $85m Malabu loot from UK

    Nigeria recovers $85m Malabu loot from UK

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami yesterday announced that the Federal Government had recovered  $85million from the United Kingdom (UK) out of what is due to government in the controversial Malabu oil deal.

    He said: “I am also pleased to inform that Nigeria has just recovered the sum of $85million on the Malabu funds from UK.”

    But he gave no detail.

    Malami spoke at the Agenda for Pre-Global Forum on Asset Recovery (GFAR)  Consultative Meeting organised by the Mac Arthur Foundation and the Africa Network for Environment and Economic Justice (ANEEJ) in Abuja.

    Malami also added that the Federal Government was concluding negotiations with Switzerland on the return of $331million recovered from the family of the former Head of State, the late General Sani Abacha.

    According to him, Civil Society Organisations will be involved in the monitoring of the utilisation of the funds.

    He stressed that with the conclusion of the negotiation, the countries involved are to sign a Memorandum of Understanding (MoU) on the repatriation of the funds in the next few weeks.

    The minister said: “We are indeed concluding negotiation with Switzerland on the return of $331million recovered from the late Abacha’s family. I am pleased to inform that Civil Society Organisations were involved in the negotiation of the Memorandum of Understanding.

    “Most importantly, the Civil Society Organisations will be involved in monitoring the use of funds. With the conclusion of negotiation, parties are to sign a Memorandum of Understanding at the global forum at Asset Recovery meeting and repatriation all follow within weeks as agreed by the parties. “

    Malami recalled that Nigeria had implemented the United Nations Convention Against Corruption requirement through the development of National Strategy on Anti-Corruption.

    The National Strategy on Anti-Corruption, according to Malami, was adopted by Nigeria and has been approved by the Federal Executive Council in July this year, which the President is expected to launch in due course.

    The Malabu matter

    OPL 245, otherwise known as Malabu, involved about nine billion barrels of crude oil.

    It is considered as one of the most lucrative.

    OPL 245 was awarded to Malabu at a time the owners were Chief Dan Etete, then Minister of Petroleum Resources, who approved the licence, and Mohammed, son of the late Head of State, Gen. Sani Abacha.

    In the deal consummated in 2011, only $210 million of the $1.3 billion paid by Shell and Eni for the block went into Federal Government coffers as “signature bonus”.

    The rest was paid to Malabu Oil and Gas, mainly owned by Etete. The sale to Malabu was nullified by former President Olusegun Obasanjo in 1999 and assigned to Shell — without a public bid.

    Ownership was reverted to Malabu thereafter, leading to a legal action by Shell, which later resorted to negotiating directly with Etete after former President Goodluck Jonathan assumed office in 2010.

    A year later, a $1.3 billion deal was struck, with Malabu getting $1.1 billion from Shell and Eni to its transfer ownership. The signature bonus was paid to Nigeria.

     

    According to the minister, Nigeria is reviewing its anti-corruption laws. The Federal Government has signed government partnership initiative and completed the National Anti-Corruption national action plan with practical implementation in the country.

    President Muhammadu Buhari is to launch the National Action Plan very soon.

    “It is pertinent to state at this point that the repatriation of our stolen wealth needs very tedious several bilateral agreements entered into between Nigeria and other jurisdictions,” Malami said

    Malami said his office held talks with office of interests during the global forum on asset recovery.

    The countries include the United Kingdom, United States, Canada, Switzerland, South Africa, Panama, United Arab Emirates, Northern Ireland and The Gambia.

    The Swiss Ambassador to Nigeria, Mr. Eric Mayoroz, said Switzerland and the Buhari administration were committed to fighting corruption.

    He noted that his country changed its legislation in the last decade so that stolen money could not be deposited there.

    The envoy said that his country’s law on money laundering is now the global model in the fight against the crime.

    According to him Switzerland was the first country to return stolen funds to Nigeria after it recovered $22million from the late Gen. Abacha’s family.

    He said then, the Swiss Justice discovered that there were still other assets owned by the family in the country and it froze hundreds of million of dollars deposited by the family in the banks.

    The envoy added that after an agreement was signed by the Swiss government and Nigeria in 2014,  the Swiss Attorney General in Geneva decided that the money, about $320million,  should be given back to Nigeria.

    It held negotiation with the government of Nigeria and the modalities emerged in 2016 when Malami and the Swiss AGF signed the letter of intent,that the money should be protected from being looted again.

    In June 2016, Vice President Yemi Osibanjo chose the projects to spend the money on to include those that would benefit the poorest in the society and that it would be monitored by the World Bank.

    Mayoroz said: “A few weeks ago, at the moment of negotiation, leading to the final point and the writing of the Memorandum of Understanding, we are very grateful to the Nigerian authorities for its commitment to a transparent and accountable decision that is aimed to reduce absolute poverty and providing cash transfers to support the poorest and most vulnerable Nigerian population.”

    He said that the Swiss government had insisted that measures must be taken to ensure that the money would not disappear again, noting that the role of the civil society is vital in the matter.

    Mayoroz said: “We openly expect to sign another agreement between the Nigerian Civil Societies and the World Bank even before the end of this year.”

    The British High Commission/Ambassador to Nigeria, Mr. Paul Arkwright, said the United Kingdom was keen to see the quick passage of Nigeria’s bill on asset recovery. It is ready to support its implementation.

    Arkwright spoke of Civil Society Organisations’ vital roles in the monitoring and oversight of assets.

    According to him, asset recovery is an important priority in the UK in its bilateral relationship with Nigeria.

    The transparent management and use of money and the returned assets matter more to the United Kingdom than Nigeria.

  • $1b Malabu oil scam: Reps invite Jonathan to testify

    $1b Malabu oil scam: Reps invite Jonathan to testify

    House of Representatives panel has invited former President Goodluck Jonathan to give evidence in the controversial $1 billion Malabu Oil deal.

    In a statement, the Chairman, Ad Hoc Committee investigating the alleged corruption, malpractices and breach of process in the award of OPL 245, Razak Atunwa, said the committee decided to invite the former President to defend himself.

    The statement reads: “The Ad-hoc Committee on OPL 245 met to consider the progress of the committee’s work and the next steps to be taken.

    “The committee noted that it had conducted extensive investigation into the OPL 245 saga and that it is drawing to a close.

    “However, the committee is of the view that in the interest of thoroughness, natural justice and fair play, it is imperative that evidence should be taken from former President Goodluck Jonathan.

    “In arriving at this decision, the committee took account of the following facts:

    “Mr. Jonathan was the President at the material time the ministers brokered the deal that lead to the allegation of $1 billion diversion of funds;

    Mr. Jonathan’s name features in the proceedings initiated by the Public Prosecutor of Milan in Italy;

    “A United Kingdom (UK) Court judgment in relation to an application to return part of the money being restrained, castigated the Jonathan Administration as not having acted in the best interest of Nigeria in relation to the ‘deal’;

    “The Attorney-General of the Federation at the material time, Mohammed Bello Adoke, has recently instituted proceedings in court wherein he pleads that all his actions were as instructed by former President Goodluck Jonathan.

    “Accordingly, pursuant to the provisions of the constitution, the committee has decided to request that former President Goodluck Jonathan give evidence as to his role in the matter. The secretariat will write to him asking for his response and submissions.”

    Members of the committee met on Tuesday for several hours, till yesterday morning.

    Oil Prospecting Licence (OPL) 245, covers a large area of 1,958 square kilometres, including two deep water fields and is reckoned to hold an estimated 9.2 billion barrels of crude oil.

    The former President was indicted by the Southern Crown Court in the United Kingdom (Case  No 74/14) before Mr. Justice Edis on November 23 and 24, 2015 between Malabu Oil and Gas Limited (applicant) and the director of Public Prosecution (respondent).

    Jonathan has since denied claims he was complicit in the Malabu deal through his media aide, Ikechukwu Eze.

  • Malabu’s $1.1b scam: EFCC plans to extraditing Adoke

    Malabu’s $1.1b scam: EFCC plans to extraditing Adoke

    THE Federal Government said yesterday that it is making necessary arrangements to extradite a former Attorney General of the Federation and Justice Minister, Mohammed Adoke, to face charges for alleged fraud.

    Counsel to the Economic and Financial Crimes Commission (EFCC) Johnson Ojogbanesaid this day in Abuja.

    The EFCC charged Adoke and two multinational oil companies, Shell and ENI, to court for their roles in the Malabu $1.1 billion scam.

    The money was paid by the oil firms into a Nigerian government account in London for OPL 245, an oil block considered one of the richest in Africa.

    Adoke then authorised the transfer of the funds into private accounts of former Petroleum Minister Dan Etete, in controversial circumstances.

    Over $800 million of the money was eventually transferred.

    Most of the money is believed to have ended in private pockets of officials of the Goodluck Jonathan administration, including Adoke, who has, however, denied any wrongdoing.

    Justice John Tsoho had fixed yesterday for arraignment of  Adoke and the other co-defendants, including Etete.

    Ojogbane, however, told the News Agency of Nigeria that the matter could not proceed because the EFCC had been unable to get Adoke and other defendants.

    “The matter was adjourned until today for arraignment of the defendants, but up till now, we have not been able to secure the attendance of most of the defendants, because they are outside jurisdiction; that is, they are outside the country.

    “The Federal Government is doing everything within its powers to bring them back to Nigeria so that they can face their trial.

    “The government will take steps, in collaboration with the international police, to locate them and bring them back to Nigeria through extradition, which is a very cumbersome process. But it will be done,” Ojogbane said.

    He said the court adjourned the matter until October 26, after the court’s vacation to enable the process of bringing Adoke and others back to Nigeria to be intensified.

    Adoke, who had initially pledged to make himself available for trial, made a u-turn, saying he feared he would not be treated fairly by the EFCC.

    The EFCC had in December 2016, charged nine suspects, including Adoke, over the purchase of OPL 245.

    The Federal Government had also on March 2, filed fresh charges against Shell Nigeria Exploration Production Company Limited and Agip Nigeria Exploration Limited, a subsidiary of ENI, 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 along side the two multinational oil companies.

  • Malabu: Reps panel to decide on Jonathan’s invitation

    Malabu: Reps panel to decide on Jonathan’s invitation

    The House of Representatives ad hoc committee investigating the alleged corruption, malpractices and breach of due process in the award of OPL 245 is meeting today to discuss the modalities for inviting former President Goodluck Jonathan.

    The report of the committee had indicted former President Jonathan for his role in the contentious Malabu fraud.

    A member of the Hon. Rasak Atunwa- headed committee who spoke under anonymity yesterday said the meeting would hold today.

    “The committee is going to discuss the modalities for his invitation just like the chairman of the committee said recently.

    “The issue is that the former President was the commander in Chief when the monumental fraud was committed and the country lost such a huge amount of revenue.

    “The committee is going to ask the President to tell us what he knows about the Malabu deal and educate us on how he could claim ignorance of what ministers he appointed were doing on his behalf, particular, when they claimed he gave the approval for such.”

     

     

     

     

  • Team Nigeria athletes for Paris Olympics unveiled 

    Team Nigeria athletes for Paris Olympics unveiled 

    A team of 84 Nigerian athletes is set to represent the nation at the Paris Olympics, scheduled to kick off on July 26. These athletes will compete across 12 different sports in this global celebration of sportsmanship.

    Notably, the contingent is largely comprised of female athletes, with a significant presence from female soccer and basketball teams.

    The team will also be participating in events such as Athletics, badminton, boxing, Canoeing, cycling, taekwondo, table tennis, wrestling, weightlifting, and swimming.

    Tony Nezianya, the Press Officer of Team Nigeria, released the list of athletes, who have started moving into Games Village in Paris from their training base in Germany.

    This is with  exception of the National female soccer team, the Falcons, who have relocated to Bordeaux for their football event being held in cities outside Paris.

    Here is the list of the Team Nigeria contingent members ready to showcase their talent and represent their country on the global stage:

    Read Also: Give Super Eagles top-class coach, Enoh charges NFF

    The teams are : Basketball Team: 12; Athletics: 35 female football, table tennis, 4; wrestling, 5; boxing, 2; swimming, 2; Taekwondo, 1 and  Badminton, 1, bring the entire  team contingent to 84 in total.

    TEAM NIGERIA FINAL LIST OF ATHLETES

    ATHLETICS – Men

    1. Adeyemi Sikiru Adewale – 4 x 400m Relay Mixed

    2. Ajayi Kayinsola – 100m, 4 x 100m Relay

    3. Akintola Alaba Olakunle – 4 x 100m Relay

    4. Amene Dubem – 4 x 100m Relay

    5. Ashe Favour Oghene – Mens 100m

    6. Enekwechi Chukwuebuka – Mens Shotput

    7. Ibadin Edose – Mens 800m

    8. Itsekiri Usheoritse – 4 x 100m Relay

    9. Nathaniel Ezekiel – Mens 400m Hurdles

    10. .Nnamdi Chinecherem – Mens Javelin Throw

    11. Nwachukwu Dubem – 4 x 400m Relay Mixed

    12. Ogazi Samuel – Mens 400m, 4 x 400m Relay

    13. Oghenebrume Godson – Mens 100m, 4 x 100m Relay

    14. Ojeli Ifeanyi Emmanuel – Mens 4 x 400m Relay

    15. Okezie Chidi – Mens 400m, 4 x 400m Relay

    16. Onwuzurike Udodi Chudi – Mens 200m

    17. Sunday Israel Okon – 4 x 400m, 4 x 400m Relay Mixed

    ATHLETICS – Women

    1. Adeshina Temitope Simbiat – Womens High Jump

    2. Amaechi Obiageri Pamela – Women’s Discus Throw

    3. Amusan Oluwatobilola – Women’s 100m

    4. Anumba Ashley – Women’s Discus Throw

    5. Brume Ese – Women’s Long Jump

    6. Chukwuma Rosemary – Women’s 100m

    7. Eyakpobeyan Justina Tiana – Women’s 4 x 100m Relay

    8. George Patience Okon – 4 x 400m Relay (Mixed)

    9. Godbless Tima Seikeseye – Women’s 100m, 4 x 100m Relay

    10. Joseph Esther Elo – Women’s 400m, 4 x 400m Relay

    11. Oghonogor Prestina Oluchi – Women’s Long Jump

    12. Ofili Favour – Women’s 200m

    13. Oginmakinju Omolara – Women’s 4 x 400m Relay (Mixed)

    14. Olajide Olayinka – Women’s 4 x 100m Relay

    15. Olatoye Oyesade – Women’s Hammer Throw

    16. Onojuvwevwo Ella – Women’s 400m

    17. Onyekwere Chioma – Women’s Discus Throw

    18. Usoro Ruth – Women’s Long Jump.

    BADMINTON

    1. Opeyori Anuoluwapo

    WOMEN’S BASKETBALL

    1. Adeyeye Adebola

    2. Amukamara Promise

    3. Balogun Elizabeth

    4. Ebo Lauren

    5. Ejiofor Blessing

    6. Enabosi Nicole

    7. Igbokwe Rita

    8. Kalu Ezinne

    9. Kunaiyi-Akpanah Pallas

    10. Musa Murjanatu

    11. Okonkwo Amy

    12. Okoro Ifunanya

    13. Taiwo Olaoluwatomi

    BOXING

    1. Olaore Olaitan – Men’s Heavyweight 92kg

    2. Ogunsemilore Cynthia – Women’s Lightweight 60kg

    CANOEING

    1. Bello Ayomide – Women’s Sprint C2, 500m

    2. Otuedo Beauty – Women’s Sprint C2, 500m

    CYCLING

    1.Ese Lovina Ukpeseraye

    WOMEN’S FOOTBALL

    1. Abiodun Deborah

    2. Ajibade Rasheedat

    3. Alozie Michelle

    4. Demehin Blessing

    5. Echegini Jennifer

    6. Ihezue Chinwendu

    7. Kanu Uchenna

    8. Macleans Chinonyerem

    9. Nnadozie Chiamaka

    10. Ohale Osinachi

    11. Okeke Chidinma

    12. Okoronkwo Esther

    13. Oluehi Tochukwu

    14. Onumonu Ifeoma

    15. Oshoala Asisat

    16. Payne Nicole

    17. Payne Toni

    18. Ucheibe Christy

    19. Ademola Morufa

    20. Alani Jumoke

    21. Monday Gift

    22. Otu Regina

    SWIMMING

    1. Sijuade Oluwatobiloba

    2. Nwandu Adaku

    TAEKWONDO

    1. Anyanacho Elizabeth – Women’s -67kg

    TABLE TENNIS

    1. Aruna Quadri – Men’s Singles

    2. Omotayo Olajide – Men’s Singles

    3. Effiong Edem – Women’s Singles

    4. Fatima Bello – Women’s Singles

    WEIGHLIFTING

    1. Lawal Rafiatu – Women’s -59kg

    2. Eze Joy Ogbonne – Women’s -71kg

    WRESTLING

    1. Mutuwa Ashtoib – Men’s Freestyle – 125kg

    2. Ogunsanya Christiana – Women’s Freestyle -53kg

    3. Adekuoroye Odunayo – Women’s Freestyle -53kg

    4. Kolawole Esther – Women’s Freestyle -62kg

    5. Oborodudu Blessing – Women’s Freestyle -68kg

    6. Reuben Hannah – Women’s Freestyle -76kg

  • $1.09bn Malabu oil block: Adoke sues AGF

    $1.09bn Malabu oil block: Adoke sues AGF

    A former Attorney-General of the Federation and Minister of justice, Mr. Mohammed Bello Adoke(SAN), has sued his successor, AGF Abubakar Malami(SAN), over the Settlement Agreement of the controversial $1.09billion Malabu Oil Block(OPL 245).

    He asked the court to declare that he acted on the agreement based on the directives of ex-President Goodluck Jonathan.

    He urged the court to declare his ongoing prosecution by the Economic and Financial Crimes Commission(EFCC)  on account of carrying out the lawful directives of the former president was illegal, null and void.

    He said he could not be held personally liable for carrying out the lawful directives of the former president.

    The Federal Government had seized Malabu Oil Block from four oil giants pending the conclusion of investigation and trial of those implicated in the $1.09billion deal.

    The oil firms are Shell Nigeria Ultra Deep Limited, Shell Nigeria Exploration and Production Company Limited (SNEPCO), Nigeria Agip Exploration Limited, Malabu Oil and Gas Limited.

    On December 20, 201, the EFCC filed nine charges bordering on alleged mismanagement of $1,616,690,656.78 Malabu Oil cash against Adoke( SAN), a former Minister of Petroleum Resources, Chief Dan Etete 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.

    But Adoke, in an application through his counsel, Mr. Kanu Agabi(SAN), said he only carried out presidential directives in giving effect to the agreement on Malabu Oil Block(OPL 245).

    He sought the following reliefs from the Federal High Court, Abuja:

    “A declaration  that the involvement of the plaintiff in the negotiations leading to the implementation of the Settlement Agreement dated 30th November 2006 between Malabu Oil and Gas Limited and the Federal Government of Nigeria and the eventual execution of Block 245 Malabu Resolution Agreement dated 29th April 2011 between the Federal Government of Nigeria and Malabu Oil and Gas Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.

    “A declaration that the involvement of the plaintiff in the negotiation and eventual execution of the Block 245 SNUD Resolution Agreement dated 29th April 2011 between the Federal Government of Nigeria and Shell Nigeria Ultra Deep and Shell Nigeria Exploration and Production Company Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.

    “A declaration that the involvement of the plaintiff in the negotiation and eventual execution of Block 245 Resolution Agreement dated 29th April 2011 between the Federal Government of Nigeria; and Shell Nigeria Ultra Deep Limited; and Nigeria National Petroleum Corporation; and Nigeria Agip Exploration Limited; and Shell Nigeria Exploration and Production Company Limited was in furtherance of the lawful directives/approval of the president in the exercise of his executive powers.

    “A declaration that any correspondence/instruction to JP Morgan or any other entity and ancillary actions and processes taken by the plaintiff in furtherance of the implementation of the Settlement Agreement dated 30th November 2006; Block 245 Malabu Agreement dated 29th April 2011; Block 245 SNUD Resolution Agreement dated 29th April 2011 and Block 245 Resolution dated 29th April 2011 were in furtherance of the lawful directives/approvals of the president in the exercise of his executive powers.

    “A declaration that the prosecution of the Plaintiff by the Economic and Financial Crimes Commission on account of his carrying out the lawful directives and implementation of the approvals of the president, while he served as a Minister of the Government of the Federation is illegal, null and void and inconsistent with the intendment of section 5 (1) of the Constitution of the Federal Republic of Nigeria l999 as amended.

    “A declaration that the plaintiff cannot be held personally liable for carrying out the lawful directives/approvals of the president while he served as a Minister of the Government of the Federation.

    He asked the court to determine the following:

    • Whether having regard to the provisions of section 5(1) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the executive powers of the federation are vested in the president to exercise same directly or through a Minister of the Government of the Federation
    • Whether by the combined reading of section 5(1); section 147 (1); Section 148(1) and section 150 (1) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the plaintiff herein while serving as a Minister of the Government of the Federation could exercise the executive powers of the federation vested in the president as directed by the president.
    • Whether the plaintiff while serving as a Minister of the Government of the Federation can be held personally liable for carrying out the lawful directives and/or implementing the lawful approvals of the president.
  • $1.04b Malabu Oil Block: I did not lead negotiation team, says Adoke

    $1.04b Malabu Oil Block: I did not lead negotiation team, says Adoke

    A former Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), has said he did not lead the Federal Government negotiation team on the $1.04billion Malabu Oil Block.

    He said yesterday that as at the time of his involvement in 2011 as the AGF, the OPL 245 was already vested in Malabu Oil and Gas Limited.

    According to him, he only played the role of a facilitator in the transaction to ensure that the Federal Government was released from the contingent liability arising from the arbitration instituted by Shell.

    Adoke made the clarifications in a statement in Abuja by his Media Officer, Mr. Victor Akhidenor.

    The statement said: “While we share the view that government should ensure an end to the Malabu Saga, we wish to correct the erroneous view that Mr. Mohammed Bello Adoke, SAN, led the government team that brokered the deal, which resulted in the sale of the controversial oil well in 2011.

    “It will be recalled that Mr. Adoke had on several occasions reiterated that the Malabu transaction preceded him in office.

    “The initial allocation of the Block 245 took place in 1998, when the administration of Gen Sani Abacha, in pursuance of its policy of promoting indigenous participation in the upstream sector of the oil industry, allocated it to Malabu Oil and Gas Limited (Malabu).

    “He had also clearly stated that in 2001 the administration of President Olusegun Obasanjo revoked OPL 245 and re-allocated it to Shell Ultra Deep Limited (Shell), Malabu’s technical partners when they were initially allocated the block in 1998.

    “It was Malabu’s dissatisfaction with the revocation that led to series of litigation between it and the Federal Government of Nigeria (FGN).”

  • Malabu urges court to stop govt, others from signing $13.5b project

    Malabu urges court to stop govt, others from signing $13.5b project

    Malabu Oil & Gas Limited yesterday urged the Federal High Court, Abuja, to stop the Federal Government and six others from signing the Final Investment Decision (FID) for the $13.5 billion Zabazaba Deepwater Project.

    The project is located in the contentious Oil Prospecting Licence (OPL 245).

    The other defendants include Shell Nigeria Exploration and Production Company (SNEPCo), Nigerian Agip Exploration Company Limited, the Minister of Petroleum Resources, the Economic and Financial Crimes Commission (EFCC) and Dan Etete.

    Malabu Oil and Gas is also seeking an order of interlocutory injunction, to restrain the Federal Government and the minister from considering to revoke or revoke the re-allocation of OPL 245 granted it.

    Mr J.A. Achimugwu, who filed the suit on behalf of the oil firm, said it was triggered by media publications that the defendants were negotiating to sign the FID for the project in the second quarter of the year.

    The News Agency of Nigeria (NAN) reports that Justice John Tsoho, granted permission to Malabu to serve the writ of summons and other processes on  Shell Nigeria Ultra-Deep Limited at No. 21 and 22 Marina Avenue, Lagos.

    He adjourned the matter until May 18 for the hearing of the motion.

    Meanwhile, Royal Dutch Shell Plc yesterday said it knew part of the $1.1 billion paid to the government in 2011 for an exploration license would go to a company linked to the country’s former oil minister, Dan Etete, changing its previous stance on a deal that’s under investigation for alleged corruption.

    Shell acknowledged that it was aware of the former minister’s involvement.

    “We knew that the Federal Government of Nigeria would compensate Malabu to settle its claim on the block. Over time, it became clear to us that Etete was involved in Malabu and that the only way to resolve the impasse through a negotiated settlement was to engage with Etete and Malabu, whether we liked it or not,” the Anglo-Dutch oil major said.

    Shell and Eni SpA’s joint purchase of Nigeria’s Oil Prospecting License 245 — estimated to hold about nine billion barrels of crude — is being investigated in three countries. Nigeria’s anti-graft agency filed charges against the companies last month, alleging they used the deal to “corruptly” pay $801 million to Malabu, Etete and others. The two oil producers say they put money exclusively into an account controlled by the Nigerian government and had no knowledge of or con

    The firm reiterated that its joint purchase with Eni SpA of the license was “fully legal” and it paid no money to  Etete or his firm, Malabu Oil and Gas Ltd.

    This follows the publication of internal emails showing staff discussed the risk that funds from the transaction could ultimately be used to pay off officials.

    Eni reiterated in a statement that it hasn’t been involved in any wrongdoing and did not make payments to Malabu, Etete or any public official.

    Dutch authorities are investigating Shell’s role in the deal. A Milan judge is also considering whether to accept a prosecutors’ request that Eni Chief Executive Officer Claudio Descalzi be indicted for his involvement in the deal. A preliminary hearing is scheduled for April 20.

    The change in Shell’s stance since the internal emails were first published by Buzzfeed on April 9 runs counter to previous comments about the deal, according to Global Witness.

    “This is a huge U-turn. Now its private emails have come to light, Shell has admitted it dealt with Etete,” Simon Taylor, founder of the anti-corruption campaign group, said by email

    Lagos-based Malabu was awarded the prospecting license in 1998 by former military leader General Abdulsalami Abubakar, at a time when Etete was serving as oil minister. The government of President Olusegun Obasanjo, which took office in May 1999, canceled the license in 2001 and awarded it to Shell a year later.

    Malabu was awarded the field again in 2006 and Shell contested the rights until 2011, when along with Eni it paid the government to settle the dispute. The state subsequently transferred funds to Malabu to resolve its claim on the license.

  • Malabu: A stench that won’t stop smelling

    It is the real peculiar mess; a stench that won’t stop smelling. It has been on for 19 years going on to 20. A peculiarly Nigerian caper, Hardball may well be suffering a fixation syndrome here for the more he reports Malabu, the more anxious he grows.

    Could this be because Malabu is the very metaphor for corruption in the Black world? Could it be because this grand sleaze has undermined five previous governments and now on to the sixth? Is it something to do with the fact that government officials and indeed presidents partook in the mess of porridge? Not forgetting that Shell and ENI, key International Oil Corporations (IOCs) are neck-deep in the sludge? Malabu indeed presents as an eternally fervid story; a dynamic and savagely intricate tale.

    For those not in the loop, Malabu is the story of an oil prospecting licence (OPL 245) which reportedly holds about nine billion barrels of crude oil. As Nigeria’s Minister of Petroleum Resources in 1998, a certain Dan Etete, apparently aware of the stupendous riches OPL 245 contains, chose to appropriate it.

    Working in cahoots with the son of the junta head of state, Gen. Sani Abacha, he soon transferred the steal to two IOCs, Shell of Britain and ENI of Italy. OPL 245 being an elephant, a game never able to be managed by one hunter, a consortium soon emerged. A confederation of rogues.

    What is to be done? Shell/ENI chose to buy out one criminal collective, throwing in a whopping $1.1 billion. Then enters Mr. Mohammed Adoke the smartass Minister of Justice and Attorney-General in former President Goodluck Jonathan’s government.

    What did he do? He deployed the facilities of the Federal Government to ware-house the hot cash (making it seem like legitimate transaction) then proceeded to dissipate the haul through intricate conduits and labyrinthine networks. The cash merely did roundtrips and returned to the rogues.

    Etete and members of his gang as well as the government officials up to the presidency, all got their juicy chunks.

    Today, all the actors are being called upon to account for their role, but Shell and ENI still strut and puff in presumed innocence. However, there is no hiding place for these IOCs. Dubiety had always been their stock in trade in dealing with less developed countries. They relish juicy underhand deals with rogue governments.

    Hardball wagers that if Shell and ENI (call them SHENI) were American or French firms, many of their officials will be in jail now. Recall Siemens and Halliburton. To think that SHENI are going to court shamelessly seeking to claim the prize of crime.

    Finally, just in case there was an iota of doubt about the criminality of Etete’s original sin, hear former President Olusegun Obasanjo: “What Etete did is the height of corruption. He appropriated the assets to himself illegally, illegitimately and immorally.”

    Shame on SHENI!