Economy
US Seeks Reopening Nigeria’s Controversial OPL 245 Case Against Shell, Eni
By Adedapo Adesanya
The United States is pushing for the reopening of an investigation against multinational oil companies Shell and Eni in Nigeria regarding their 2011 purchase of the rights to the controversial Oil Prospecting License (OPL) 245.
OPL 245 is regarded as one of Nigeria’s most lucrative oilfields and has seen a fierce battle over it and it appears the issue might not be over as the US House of Representatives through the Foreign Corrupt Practices Act (FCPA) wants to stir the waters again.
In a petition to Mr Merrick Garland, Attorney General of the US, the lower house is urging the reopening of the investigation by the Department of Justice (DOJ).
The House stated that “available evidence implicates both companies in a scheme that resulted in the payment of $1.1 billion in bribes to Nigerian government officials, including then-President Goodluck Jonathan”.
“Shell and Eni, both registered with the U.S. Securities and Exchange Commission (SEC) continue to profit from the deal in violation of the FCPA,” read the letter dated May 8, 2024 and signed by Representative Maxine Waters of the Committee on Financial Services, and Representative Joyce Beatty of the Subcommittee on National Security, Illicit Finance, and International Financial Institutions
The House maintained, in the letter, that “allegations of corruption surrounding OPL 245 began in 1998, when Dan Etete, a convicted money launderer and Nigeria’s former Oil Minister during the military dictatorship of General Sani Abacha, awarded the OPL 245 license to Malabu Oil and Gas, a company whose principal shareholders were revealed to be Etete himself and the son of General Abacha”.
The rights to OPL 245, according to the petition from Congress, continued to be marred with corruption and in 2000, Malabu’s share registry was changed to reflect a 505 shareholding by Pecos Energy, a company secretly controlled by then-President Olusegun Obasanjo and his Vice President, Mr Atiku Abubakar.
The letter stated that Malabu’s license was revoked in 2001 but restored in 2006, with evidence suggesting that bribes were paid to then-Attorney General, Mr Bayo Ojo, who played a key role in that decision.
The House alleged that Shell and Eni then purchased the license from Malabu in 2011 for $1.3 billion with the knowledge that a portion of the proceeds would be used to bribe numerous Nigerian officials. It added that hundreds of millions of Dollars passed through various Nigerian shell companies linked to Mr Aliyu Abubakar, a scandalous businessman.
“Then-President Goodluck Jonathan was said to have pocketed some $200 million from the sale, and the former Attorney General involved in the 2006 reinstatement of Malabu’s license also purportedly received a sizeable payout
“Other funds would later be traced to the purchase of real estate in the US, Dubai, Brazil, and Switzerland, as well as luxury vehicles and gems,” the House petition also read.
In further urging the re-opening of the case, the House stated that the harm to the Nigerian people would continue to be felt beyond the immediate payment of bribes, with experts alleging that the country lost $6 billion in estimated future revenue – double the size of Nigeria’s annual health and education budget.
According to the petition, in 2013, there was sufficient evidence for the Federal Bureau of Investigation (FBI) and the money laundering investigation into the deal, which was followed by an FCPA investigation. In 2019, the DOJ notified Eni that the US had closed the inquiries in light of Italy’s prosecution of the case, yet it noted that the file could be reopened if circumstances changed.
The House noted that Shell and Eni were subsequently acquitted by the Italian court yet the companies “continue to profit from their exploitation of the OPL 245 deal.”
“The United States has consistently demonstrated global leadership in the fight against foreign bribery, with the FCPA swerving as model legislation for countries around the world.
“The reopening of the case would further illustrate the US commitment “to aggressively pursue foreign bribery cases,” as stated in the U.S. Strategy on Countering Corruption and reaffirm its pledge to fully implement the OECD Anti-Bribery Convention.
“We urge you to leverage this portent anti-corruption law to address the issues in the case and to send a powerful message that the United States stands vigilant in its pursuit of corporate crime around the globe,” the House petition to the Attorney General further read.
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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