By Femi Oboro
In view of the serial and unrelenting misrepresentation of facts and mischief orchestrated by forgers, pathological liars and pseudo anti-corruption activists in partnership with an online publication globally notorious for its culture of blackmail and extortion, it is important to set the record straight on the pronouncements of the Court of Milan, Republic of Italy, in the OPL 245 trial. The court discharged and acquitted all defendants of criminal charges on 17 March 2021. Of particular interest to me is the extent of involvement of my client, Mr Mohammed Bello Adoke SAN, who served as the Attorney-General of the Federation (AGF) and Minister of Justice of Nigeria between 2010 and 2015 during which the OPL 245 dispute was resolved and the oil block was acquired by Royal Dutch Shell Plc and ENI S.p.A. from Malabu Oil & Gas Ltd for a combined consideration of $1.3bn.
Although MrAdoke was not on trial in Italy, his name came up frequently in the court proceedings because of the desperate desire of Mr Fabio De Pasquale, the Deputy Public Prosecutor for Milan, to criminalise the OPL 245 transaction by impugning the integrity of MrAdoke and casting aspersions on his legal advice as the Attorney-General of the Federation in which position he acted on the lawful and legitimate instructions of President Goodluck Jonathan, GCFR. In trying to work to an answer, Mr De Pasquale came up with a series of investigative theories, some of which were propounded by the so-called anti-corruption campaigners who were out to win awards as transparency champions by trampling on the truth. To them, all is fair in war. They can cook up anything, forge any e-mail and stage-manage any interview as long as they would get applause from their funders and promoters. Mr De Pasquale argued in court that the OPL 245 Resolution Agreement of 2011, which was based on a Settlement Agreement reached between the Federal Government of Nigeria (FGN) and Malabu Oil & Gas Ltd on 30 November 2006, was illegal. He argued that it was also illegal to award an oil prospecting licence (OPL) through a court-ordered Settlement Agreement. De Pasquale and his team theorised that the $801 million paid by Royal Dutch Shell plc and ENI S.p.A. to Malabu Oil & Gas Ltd to acquire the rights to the oil block was illegal and was a scheme to bribe FGN officials. They alleged that MrAdoke participated in the bribery scheme and profited to the tune of N300m ($2.2m at the time) from the $1.3bn transaction. Specifically, they said AlhajiAliyuAbubakar, a property developer known to both Chief Dan Etete, the promoter of Malabu Oil and Gas Limited, sold a property worth N700m for N500m to MrAdoke. They further alleged that the N200m difference was a bribe. The Italian prosecutors tried to use the property transaction as evidence of corruption. Since some of these expended allegations are sub-judicial in Nigeria because MrAdoke is still being tried in two honourable courts by the Economic and Financial Crimes Commission (EFCC) over the same issues, my comments would have to be limited to the Milan Court decision. Also, some of the facts are already in the public domain and as such do not require any further comments from me. Luckily, the full text of the 458-page judgment, marked “Judgment No. 3055”, is available on the internet. Anyone interested in reading the document, which I intend to quote generously in this article, should google “OPL 245 full decision” and download it. It documents the key presentations made by the prosecutors and the final pronouncements of the court after nearly three years of trial.
It is significantly of note that no adverse findings were made against MrAdoke. Let us go into the specifics. It had been alleged that MrAdoke exerted “unlawful pressure” on the Nigerian National Petroleum Corporation (NNPC) and the Department of Petroleum Resources (DPR) to endorse the Settlement Agreement. But the Milan Court pronounced at Page 241 of its judgment: “We cannot instead accept the comments on the fact that Adoke Bello allegedly exerted unlawful pressure on NNPC and DPR. In fact, as we have seen, it had been the Minister himself who had engaged these departments and demanded that an agreement be made reflecting their suggestions, so that the companies (Shell and ENI) were forced to give ground on recognition of the back-in rights, which were not included in the previous contractual framework, which called for direct purchase from Malabu, considering that that company had been granted a license free of these restrictions.” On the rightfulness of awarding an OPL based on an out-of-court settlement (and the attempt to link it to corruption), the judges said at Page 248: “The opinions of the Public Prosecutor’s expert are absolutely contradictory and legally erroneous. Although she admitted that licenses in Nigeria may be issued by the government on a discretionary basis, it underscores the anomaly represented by the issuance of a license in the context of an out-of-court settlement agreement that involved a party, Eni, that was considered to have nothing to do with the legal disputes over ownership of the license. On the basis of these erroneous premises of its own expert, the prosecution transforms a fact from common experience (out-of-court settlements of disputes may come about through the intervention of a third-party investor or financier) into circumstantial evidence of underlying corrupt arrangements.” On the allegation of conflict of interest, the prosecutors argued that Chief Etete, as Minister of Petroleum in 1998, should not have awarded an oil block to a company in which he had interest. The court agreed with the position of the defence lawyer that it was never raised as a breach of law before any court. In fact, the 1998 assignment was subsequently confirmed several times by the government, even before MrAdoke became AGF. The court agreed with the defence lawyer who had argued that the “fallaciousness of the prosecution’s reasoning was such that the Public Prosecutor was forced to contradict himself when he explicitly affirmed that confirmation of the license awarded to Malabu had legitimated it to sell the license”.
On the charge that Adoke’s involvement in meetings and communications with key actors in the OPL 245 negotiations was evidence of vested interest for corrupt enrichment, the judges said at Page 291: “Equally devoid of evidentiary value is the fact that the Minister Adoke Bello intervened in the context of these communications, guaranteeing the legitimacy of the agreements underlying the payments, legitimacy that has already been demonstrated and would in fact also be recognized by the Nigerian judicial authority at the request of the same public official (see the ruling of Judge BintaNyako). The prosecution’s argument, based on the fact that the defendants knowingly provided the money for the bribe paid by Etete to the public officials, is reasonably contradicted by the outcome of the SOCA authorizations…”. SOCA is the UK Serious Organised Crime Agency which gave JP Morgan the go-ahead to transfer funds to Malabu in 2011 after investigating suspicion of fraud.
Oboro is Solicitor at Gromyko Amedu Solicitors, Brixton, London, UK