OPL 245 : Shell/Eni’s bid to retrieve oil well stalled by Malabu

Ruling on two applications seeking to return controversial OPL 245 from the federal government to Shell and ENI has been adjourned due to a fresh application by Malabu oil and gas limited, to be joined as interested parties in the suit.

Justice John Tsoho, of an Abuja Federal High Court had adjourned to March 13, 2017, ruling on applications brought before it, for variations in an earlier order granted the Economic and Financial Crimes Commission (EFCC) for the forfeiture of the Oil Prospecting License (OPL 245), pending further investigation.

Shell exploration limited and Nigerian Agip exploration limited had formally challenged the forfeiture order earlier granted, for temporary forfeiture of the OPL 245 which is perceived as the largest oil bloc in Nigeria, to the Federal Government pending investigations by the EFCC.

Abdullahi Haruna, counsel representing Malabu had informed the court about an application for his client to be joined in the suit on the last adjouned date, but the application could not be heard on that day, because the court was yet to officially receive the application.

At the resumption of the matter before Justice Tsoho, Haruna moved the application, even though it was not opposed to by other parties in the matter and the Economic and Financial Crimes Commission (EFCC), counsel representing Shell and ENI however opposed the application, stressing that it is just intended to delay the proceedings of the court.

Justice Tsoho, adjourned the matter to March 17, 2017 for ruling on the application for joinder.

It will be recalled that the EFCC, filed a nine count charge against former Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Adoke, in suit number FHC/ABJ/CR/268/2016 alongside, Dan Etete, former Petroleum Minister, Aliyu Abubakar and his companies: Rocky top resources limited, Imperial Union limited, Novel properties and development company limited, Group construction limited, Megatech engineering limited, as well as Malabu oil and gas over money laundering charges.

Etete was accused of converting various sums ranging from $4million, $401million, $400million and another $401.6million at various dates in August 2011, and transferred same from the Federal Government of Nigeria Escrow account with JP Morgan Chase Bank in London into the account of Malabu and gas.

He was also accused of “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 Act 2011 as amended in 2012 and punishable under section 15(3) of the same Act.

Adoke was also accused of aiding Malabu oil and gas and Etete to commit money laundering offence by facilitating the payment of an aggregate sum of $801.5million.

The former Minister of Justice and Attorney General of the Federation (AGF) Mohammed Adoke (SAN), has insisted that the controversial Malabu oil Block Agreement was endorsed by the previous administrations of Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan.

In an official letter written to his successor and the current Justice Minister, Abubakar Malami (SAN), Adoke, said “I believe it is your responsibility to explain to the public who are being sold a fiction that the transaction started from President Olusegun Obasanjo, under whose administration the Terms of Settlement were brokered with Bayo Ojo (SAN), as the then Attorney General who executed the Terms of Settlement before the tenure of President Goodluck Jonathan, who approved the final implementation of the Terms of Settlement and my humble self who executed the resolution agreements. This is more so as the Settlement and its implementation were situated in the Federal Ministry of Justice.