Italian appeal court upholds conviction of prosecutors for withholding evidence in OPL 245 case

An Italian appeal court has upheld an eight-month prisonsentence for two Milan prosecutors accused of withholding documents that couldhave supported oil major Eni’s defence in a corruption case linked to Nigeria’sOPL 245 oilfield. The court in the northern city of Brescia, on Thursday,affirmed the ruling that the prosecutors – Fabio De Pasquale and Sergio Spadaro– failed in their legal obligation to submit evidence favourable to the defenceduring the trial, which also involved Shell. According to Reuters, the judges found that the prosecutorsdid not file a video recorded by a former Eni lawyer that was consideredrelevant to the case. Before the verdict, Spadaro told the court that there was“no refusal” or “omission”, insisting that he and his colleague acted“according to conscience and law”. Massimo Dinoia, their lawyer, stated that the prosecutorswould appeal the decision to Italy’s top court, the Court of Cassation. Theywill remain in office while the appeals process continues. THE OPL 245 CONTROVERSYIn March 2021, a Milan court acquitted Eni, Shell, andseveral individuals of corruption in the $1.3 billion acquisition of Nigeria’sOPL 245 oilfield, ruling that there was no case to answer. The acquittal waslater upheld on appeal and became final in 2022. The Nigerian government said it was surprised anddisappointed by the verdict and would consider whether to appeal.. In Nigeria, the federal government in 2021 also withdrew its$1.1 billion civil case against Shell after discontinuing a similar suitagainst Eni. On April 9, 1998, the federal military government awardedOPL 245 to Malabu Oil and Gas Ltd, which was said to be owned mainly byMohammed Abacha, son of the Sani Abacha, and Etete, who was the petroleumminister at the time. On July 2, 2001, President Olusegun Obasanjo revokedMalabu’s licence and assigned the oil block to Shell — without a public bid.Malabu went to court, but ownership was reverted to it in 2006 after it reachedan out-of-court settlement with the federal government. Shell fought back and commenced arbitration against Nigeria,but when President Goodluck Jonathan came to power in 2010, the controversyappeared to have been resolved with Shell and Eni agreeing to buy the oil blockfrom Malabu for $1.1 billion. The oil companies also paid $210 million as signature bonusto the federal government of Nigeria. However, activists launched an international campaign,alleging that the OPL 245 deal was fraudulent, arguing that the proceeds wereused to bribe government officials. Mohammed Adoke, Nigeria’s former attorney-general, was puton trial in Nigeria over the allegations but was discharged and acquitted bythe federal high court in Abuja.

Read More