FG loses bid to stop hearing of Abacha’s suit to reclaim OPL 245
A Federal High Court in Abuja, yesterday, dismissed the preliminary objection by the Federal Government, challenging the suit son of late military Head of State, Mohammed Abacha, filed to reclaim ownership of Oil prospecting License, OPL 245, which was originally awarded to Malabu Oil and Gas Limited.
Trial judge, Justice Binta Nyako, held that contrary to FG’s contention, the suit was neither statute barred nor amounted to an abuse of the judicial process.
The court held that the court has the requisite jurisdiction to look into the case.
Other defendants in the suit are Minister of Petroleum Resources, Shell Nigeria Exploration and Production Company Ltd, Nigeria Agip Exploration Company Ltd and former Petroleum Minister, Dan Etete.
OPL 245 is regarded as one of the biggest oil blocs in Africa.
It was initially awarded to Malabu Oil and Gas Ltd in 1998 by late military head of state, General Sani Abacha, in a process the Economic and Financial Crimes Commission, EFCC, alleged was against all known government regulations.
EFCC said its investigations revealed that Malabu Oil and Gas Ltd secured OPL 245 through fraudulent scheme involving high scale bribery and corruption by top management of the company and some government officials.
However, following series of litigations, OPL 245 was returned to Malabu, which EFCC said subsequently went into a fraudulent agreement with Shell and Agip in which the companies paid a signature bonus of $210 million to FG, while additional $1.2 billion bribe was given to some owners of Malabu Oil and Gas Ltd led by a former Minister of Petroleum under Abacha, Chief Etete, who as at then, was already a convict.
EFCC alleged that it was former Attorney-General of the Federation, Mohammed Adoke, SAN, that helped Shell and Agip to route the bribe money through FG’s Escrow Account with JP Morgan Chase Bank in London.
However, Adoke had since denied the allegation, insisting that he was innocent.
Meanwhile, in the suit he filed in the name of Malabu Oil, Abacha’s son, Mohammed claimed to be the majority shareholder in the oil firm.
The plaintiff told the court that the oil firm was not part of the purported allocation of OPL 245 to Shell and Agip and for which they allegedly paid $1.3 billion to Etete.
He told the court that actual shareholders were excluded from the process.
Meanwhile, Justice Nyako adjourned the suit till March 9, 2021 for hearing.
