Economy
UK Court Rules Against Nigeria in OPL 245 Sales Case
By Adedapo Adesanya
A court sitting in the United Kingdom has ruled against Nigeria in the $1.7 billion suit against JP Morgan Chase Bank over the transfer of proceeds from the sale of OPL 245.
Judge Sara Cockerill of the Business and Property Courts of England and Wales Commercial Court held on Tuesday that the Nigerian government couldn’t show that it had been defrauded.
The federal government had sued JP Morgan, alleging that the bank “ought to have known” that there was corruption and fraud in the transaction which saw Malabu sell its 100 per cent in OPL 245 to Shell and ENI for $1.1 billion.
During a trial which lasted six weeks, Nigeria argued among other things that the bank acted negligently when it transferred $875 million in funds between 2011 to 2013 from government accounts to Mr Dan Etete, a former Minister of Petroleum who had been convicted of money laundering.
The country sought $1.7 billion as damages including interest for what it identified as “glaring” red flags, including “overwhelming” evidence of fraud and stark warnings from its own compliance staff when it authorized the payments.
The case essentially examined the extent of a bank’s duty of care toward clients, and whether it should have halted payments even if that meant overriding assurances from government officials.
The bank in its defence rejected Nigeria’s claims, maintaining that all due processes were followed and money laundering checks were done, arguing that allegations of fraud only came up after a new government took over in Nigeria.
JPMorgan also argued that it filed suspicious activity reports with enforcement authorities and gained their consent before making the transfers.
In the judgement, Judge Cockerill ruled that the Nigerian government could not prove that it was defrauded, saying it may be that with the benefit of hindsight, “JPMorgan would have done things differently” but declared that “none of these things individually or collectively amount to triggering and then breaching” the bank’s duty of care to its client.
According to the judge, by the time of the 2013 payments, the bank was “on notice of a risk” of fraud.
In its reaction to the judgment, JP Morgan in a statement said, “This judgment reflects our commitment to acting with high professional standards in every country we operate in, and how we are prepared to robustly defend our actions and reputation when they are called into question.”
A spokesperson for the federal government said it will be reviewing the judgment before deciding the next steps.
“The FRN will continue its fight against fraud and corruption and to work to recover funds for the people of Nigeria,” it said.
For context, Shell and ENI had paid a total of $1.3 billion to Nigeria’s account at JP Morgan — $801 million for Malabu, the original OPL 245 allottees, and $210 million as signature bonus to the federal government.
All attempts by Nigeria to prove that there was corruption in the OPL 245 deal have so far proved fruitless.
Business Post had reported that an Italian court in March 2021 dismissed all charges of corruption in the transaction, discharging and acquitting all the defendants, including Shell, ENI and Mr Dan Etete, the promoter of Malabu.
The US Department of Justice (DoJ) previously investigated the OPL 245 deal and announced in October 2019 that it was closing the case.
In April 2020, the US Securities and Exchange Commission also closed an investigation into the controversial deal after it could not prove fraud or corruption.
In the JP Morgan case, it was alleged that Mohammed Bello Adoke, the attorney-general of the federation when the transaction was concluded in 2011, was corrupt and that the entire deal was fraudulent.
Mr Adoke has always denied any wrongdoing, alleging political persecution and maintaining that there is a grand conspiracy to twist a failed mortgage transaction he did in 2013 as evidence of the alleged corruption.
Citing proceedings from Nigerian courts, JP Morgan said that on April 13, 2018, “the Nigerian Federal High Court granted declarations to the effect that Mr Adoke could not be held personally liable in respect of the payments to Malabu (and the giving of instructions to JPMC to make them) because he was merely carrying out the lawful directives and approvals of the President”.
The bank said for Nigeria to make a case, it must prove that “Mr Adoke caused the Resolution Agreements to be concluded and the payment instructions to be issued; and that he did so in exchange for bribes.”
By Aduragbemi Omiyale
The Debt Management Office (DMO) has asked retail investors interested in investing in the FGN savings bonds to begin to talk to their financial advisers.
This is because subscription for the retail bonds for March 2026 has commenced and will close on Friday, March 6, according to a circular issued by the agency on Monday.
The debt office is selling two tenors of the debt instrument, with the shorter note maturing in two years’ time and the longer maturing a year later.
Details of the notice showed that the two-year paper is being offered at a coupon of 12.906 per cent, and the three-year paper at 13.906 per cent.
Both notes are sold at a unit price of N1,000, with a minimum subscription of N5,000 and in multiples of N1,000 thereafter, subject to a maximum subscription of N50 million. They can be purchased via approved stockbroking firms in Nigeria.
The FGN savings bond qualifies as a security in which trustees may invest under the Trustee Investment Act. It also serves as government securities within the meaning of the Company Income Tax Act (CITA) and the Personal Income Tax Act (PITA) for tax exemption for pension funds, amongst other investors.
It can be used as a liquid asset for liquidity ratio calculation for banks, and is listed on the Nigerian Exchange (NGX) Limited for trading at the secondary market.
The bond is backed by the full faith and credit of the Federal Government of Nigeria (FGN) and charged upon the general assets of the country.
By Adedapo Adesanya
Nigeria has broken up the OPL 245 oil block into four new assets to be operated by Eni and Shell, potentially settling the future of the field at the centre of one of the oil industry’s biggest historic corruption trials.
According to Reuters, the agreement clears the way for the development of OPL 245, one of Nigeria’s biggest deepwater reserves that has remained untapped for almost three decades amid overlapping lawsuits in multiple countries.
The final contracts are expected to be signed starting Monday, the report said, citing a source familiar with the situation.
The Nigerian government had signalled for years that it was keen to find a solution that would bring the block into production. The source wished to remain anonymous as they are not authorised to comment on government policy before an official announcement.
Located in the Niger Delta’s deepwaters, the field has languished since its initial award in 1998 to Malabu Oil and Gas, a shadowy firm controlled by Mr Dan Etete, Nigeria’s oil minister at the time. The block is estimated to hold up to 9 billion barrels of oil equivalent in reserves—enough to rival Nigeria’s entire proven reserves if fully developed.
Mr Etete controversially awarded the lucrative licence to his own company for a nominal $20 million fee, sparking immediate controversy over conflicts of interest.
The saga escalated in 2011 when Malabu sold its rights to a Shell-Eni joint venture for $1.3 billion.
Italian and Nigerian prosecutors alleged that over $1 billion of that sum was siphoned off through bribes to politicians, middlemen, and Mr Etete himself, including hefty payments to then-President Goodluck Jonathan’s associates.
The two European energy giants and some of their former and current executives, including Eni CEO, Mr Claudio Descalzi, faced trial in Italy but all were acquitted in 2021, having denied all wrongdoing.
Shell and Eni have consistently denied wrongdoing, insisting the payments complied with due diligence.
The anti-graft agency, the Economic and Financial Crimes Commission (EFCC), has pursued parallel probes, recovering over $200 million in frozen funds, but progress stalled amid political shifts.
Operations at the Nigerian oil block have been halted for more than a decade by a series of trials and competing legal claims.
In 2023, the federal government withdrew civil claims totalling $1.1 billion against Eni, ending the long battle.
By Modupe Gbadeyanka
The price of Premium Motor Spirit (PMS), otherwise known as petrol, has been increased by at least N100 per litre at the pump.
This followed the recent increase in the price of crude oil in the global market as a result of the bombardment of Iran by the United States and Israel over the weekend.
The air strikes killed the Supreme Leader of Iran, Mr Ayatollah Ali Khamenei, and several others.
Iran has responded by firing missiles at US facilities in some Gulf countries, including Saudi Arabia, Qatar, Kuwait, Bahrain, the UAE, and others.
Crude oil prices rose to about $80 per barrel on the market from about $70 per barrel before the Middle East crisis.
Oil marketers in Nigeria have responded to the tension and have raised the prices of petroleum products.
At most MRS Oil retail stations in Lagos, the new price notice showed an increase of about N100 per litre.
As of Monday, the price of PMS was N837 per litre, but on Tuesday morning, it had changed to N938 per litre, while at NNPC retail stations, it was N930 per litre instead of the previous N830 per litre.
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