Economy

US Seeks Reopening Nigeria’s Controversial OPL 245 Case Against Shell, Eni

Published

2 years ago

24/05/2024

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The letter stated that Malabu’s license was revoked in 2001 but restored in 2006, with evidence suggesting that bribes were paid to then-Attorney General, Mr Bayo Ojo, who played a key role in that decision.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.

Economy

NGX Seeks Suspension of New Capital Gains Tax

Published

30 minutes ago

05/12/2025

Adedapo Adesanya

By Adedapo Adesanya

The Nigerian Exchange (NGX) Limited is seeking review of the controversial Capital Gains Tax increase, fearing it will chase away foreign investors from the country’s capital market.

Nigeria’s new tax regime, which takes effect from January 1, 2026, represents one of the most significant changes to Nigeria’s tax system in recent years.

Under the new rules, the flat 10 per cent Capital Gains Tax rate has been replaced by progressive income tax rates ranging from zero to 30 per cent, depending on an investor’s overall income or profit level while large corporate investors will see the top rate reduced to 25 per cent as part of a wider corporate tax reform.

The chief executive of NGX, Mr Jude Chiemeka, said in a Bloomberg interview in Kigali, Rwanda that there should be a “removal of the capital gains tax completely, or perhaps deferring it for five years.”

According to him, Nigeria, having a higher Capital Gains Tax, will make investors redirect asset allocation to frontier markets and “countries that have less tax.”

“From a capital flow perspective, we should be concerned because all these international portfolio managers that invest across frontier markets will certainly go to where the cost of investing is not so burdensome,” the CEO said, as per Bloomberg. “That is really the angle one will look at it from.”

Meanwhile, the policy has been defended by the chairman of the Presidential Fiscal Policy and Tax Reforms Committee, Mr Taiwo Oyedele, who noted that the new tax will make investing in the capital market more attractive by reducing risks, promoting fairness, and simplifying compliance.

He noted that the framework allows investors to deduct legitimate costs such as brokerage fees, regulatory charges, realised capital losses, margin interest, and foreign exchange losses directly tied to investments, thereby ensuring that they are not taxed when operating at a loss.

Mr Oyedele also said the reforms introduced a more inclusive approach to taxation by exempting several categories of investors and transactions.

Economy

Food Concepts Return NASD OTC Exchange to Danger Zone

Published

10 hours ago

05/12/2025

Adedapo Adesanya

By Adedapo Adesanya

Food Concepts Plc neutralized the gains recorded by three securities, returning the NASD Over-the-Counter (OTC) Securities Exchange into the negative territory with a 0.27 per cent loss on Thursday, December 4.

Yesterday, the share price of the parent company of Chicken Republic and PieXpress declined by 34 Kobo to sell at N3.15 per unit compared with the previous day’s N3.49 per unit.

This shrank the market capitalisation of the OTC bourse by N5.72 billion to N2.136 billion from N2.142 trillion and weakened the NASD Unlisted Security Index (NSI) by 9.57 points to 3,571.53 points from 3,581.10 points.

Business Post reports that Central Securities Clearing System (CSCS) Plc went down by 50 Kobo to N38.50 per share from N38.00 per share, FrieslandCampina Wamco Nigeria Plc gained 29 Kobo to sell at N55.79 per unit versus N55.50 per unit, and Geo-Fluids Plc added 5 Kobo to close at N4.60 per share compared with Wednesday’s closing price of N4.55 per share.

Trading data indicated that the volume of securities recorded at the session surged by 6,885.3 per cent to 4.3 million units from the 61,570 units posted a day earlier, the value of securities increased by 10,301.7 per cent to N947.2 million from N3.3 million, and the number of deals went up by 146.7 per cent to 37 deals from the 15 deals achieved in the previous trading session.

At the close of business, Infrastructure Credit Guarantee Company (InfraCredit) Plc was the most traded stock by value on a year-to-date basis with the sale of 5.8 billion units for N16.4 billion, trailed by Okitipupa Plc with 170.4 million units worth N8.0 billion, and Air Liquide Plc with 507.5 million units valued at N4.2 billion.

InfraCredit Plc also finished the session as the most traded stock by volume on a year-to-date basis with 5.8 billion units transacted for N16.4 billion, followed by Industrial and General Insurance (IGI) Plc with 1.2 billion units sold for N420.2 million, and Impresit Bakolori Plc with 536.9 million units traded for N524.9 million.

Economy

Investors Gain N97bn from Local Equity Market

Published

11 hours ago

05/12/2025

Dipo Olowookere

By Dipo Olowookere

The upward trend witnessed at the Nigerian Exchange (NGX) Limited in recent sessions continued on Thursday as it further improved by 0.10 per cent.

This was despite investor sentiment turning bearish after the local equity market ended with 23 price gainers and 28 price gainers, indicating a negative market breadth index.

UAC Nigeria gained 10.00 per cent to finish at N88.00, Morison Industries appreciated by 9.94 per cent to N3.54, Ecobank rose by 8.53 per cent to N36.90, and Coronation Insurance grew by 8.47 per cent to N2.56.

On the flip side, Ellah Lakes depreciated by 10.00 per cent to N13.14, Eunisell Nigeria also shed 10.00 per cent to finish at N72.90, Transcorp Hotels slipped by 9.95 per cent to N157.50, Omatek shrank by 9.23 per cent to N1.18, and Guinea Insurance dipped by 8.46 per cent to N1.19.

Yesterday, the All-Share Index (ASI) went up by 152.28 points to 145,476.15 points from 145,323.87 points and the market capitalisation chalked up N97 billion to finish at N92.726 trillion compared with the previous day’s N92.629 trillion.

Customs Street was bubbling with activities on Thursday, though the trading volume and value slightly went down, according to data.

A total of 1.9 billion stocks worth N19.2 billion exchanged hands in 23,369 deals during the session versus the N2.3 billion valued at N21.0 billion traded in 21,513 deals a day earlier.

This showed that the number of deals increased by 8.63 per cent, the volume of transactions depleted by 17.39 per cent, and the value of trades decreased by 8.57 per cent.

For another trading day, eTranzact led the activity chart with 1.6 billion units sold for N6.4 billion, Fidelity Bank traded 31.0 million units worth N589.3 million, GTCO exchanged 28.3 million units valued at N2.5 billion, Zenith Bank transacted 27.1 million units for N1.6 billion, and Ecobank traded 21.9 million units worth N744.3 million.