In a recent development, Wale Igbintade, an Italian court has sentenced two prosecutors from Milan, Fabio De Pasquale and Sergio Spadaro, to eight months in prison for their failure to submit vital documents that could have strengthened the defense of energy giant Eni in the ongoing OPL 245 trial, which involves both Shell and Eni. The ruling, delivered by the Brescia court under Judge Roberto Spanò, underscored the legal obligation of the prosecutors to file these documents, which were deemed critical for the defense’s argument.
According to Ansa, an Italian news agency, the sentence was issued on Tuesday; however, the prison term is suspended, meaning that the prosecutors will only serve time if they commit another offense. This incident adds another layer to the ongoing OPL 245 saga, where Italian prosecutors have faced challenges in substantiating claims of fraud surrounding the oil block’s sale to Shell and Eni by the Nigerian company Malabu Oil and Gas Limited in 2011.
Despite numerous allegations of fraud linked to the OPL 245 deal, attempts to pursue these claims have been unsuccessful in Italy, the UK, and Nigeria alike. Judges expressed that the omission of essential documents infringed upon the defendants’ rights. The defense team for the prosecutors contended that there was no legal obligation to present the documents in Milan.
Looking back to May 2024, De Pasquale faced potential action for demotion by Italy’s Superior Council of the Judiciary due to perceived “lack of impartiality and fairness” in how the prosecution was managed. Critics have also pointed out that he withheld evidence showing a property allegedly connected to Mohammed Bello Adoke, the former Nigerian Attorney General involved during the contract’s signing, actually belonged to the Central Bank of Nigeria.
Adoke was cleared of bribery and corruption allegations by a High Court in the Federal Capital Territory in March 2024. Several others, including businessman Aliyu Abubakar and Malabu Oil & Gas Ltd, were also acquitted of charges related to this case.
The High Court criticized the Economic and Financial Crimes Commission (EFCC) for spending four years pursuing a case that lacked credible evidence. In 2020, Nigeria filed a $1.3 billion lawsuit against Shell and Eni regarding the OPL 245 oil prospecting license; however, that case was dismissed after the Ministry of Justice withdrew its petition in March 2024, while an international court in Italy already cleared Shell and its affiliates of all charges.
Subsequently, Nigeria opted to “irrevocably” suspend any future legal claims against Eni and its affiliates concerning rights associated with the oil field. The OPL 245 saga traces back to 1998, when Malabu Oil and Gas Ltd was awarded the license, which was later revoked in 2001 by then-President Olusegun Obasanjo, who reassigned it to Shell without public bidding.
After a lengthy legal struggle, Malabu regained control of the oil block through a settlement in 2006. Following this, Shell pursued arbitration against Nigeria; however, the situation appeared to stabilize when President Goodluck Jonathan endorsed a consent judgment in 2010, leading to Shell and Eni purchasing the license from Malabu for $1.1 billion while also paying a $210 million signature bonus to the Nigerian government.
Yet, the transaction drew international attention due to corruption allegations, including claims of bribery paid to Nigerian officials. In November 2015, De Pasquale traveled to Nigeria to meet with senior officials, including Vice President Yemi Osinbajo, to discuss the OPL 245 situation.
In his book titled ‘Burden of Service,’ Adoke alleged that the EFCC aimed to prosecute him to foster a narrative of corruption surrounding the deal to enhance De Pasquale’s case in Milan. While he wasn’t tried in Italy, Adoke faced multiple legal issues in Nigeria, with his name repeatedly surfacing during the Milan trial, though the court returned no adverse rulings against him.
Among the accusations against Adoke were the alleged acceptance of a $2 million bribe related to the $1.1 billion payment to Malabu, charges he vehemently denied and for which he was ultimately exonerated. He claimed during the Milan trial that critical evidence that could clear his name was deliberately withheld by prosecutors.
In June 2021, Adoke filed a petition with the Italian Minister of Justice, asserting that prosecutors misrepresented details of a failed mortgage transaction to misleadingly portray it as a bribe. He also stated that a purported email linked to OPL 245 payments was fabricated and that a recorded conversation falsely implicated him in a supposed “presidential scam.”
Following Adoke’s petition, Nigerian police investigated Olanrewaju Suraju, the chairman of HEDA, for alleged forgery. HEDA had collaborated with international campaign groups to support Italian prosecutors during the OPL 245 trial. Ultimately, the Nigerian government dismissed the case against Suraju, reportedly because they relied on the same disputed evidence in another civil claim against JP Morgan concerning the OPL 245 deal.
Ultimately, Nigeria’s case against JP Morgan was unsuccessful, as a commercial court in London ruled that there was no evidence of fraud in the OPL 245 transaction.
