OPL 245: Shell Wins

The Abuja division of the Federal High Court yesterday vacated an interim order of forfeiture granted the Economic and Financial Crimes Commission (EFCC) in respect of the Oil Prospecting License (OPL) 245 otherwise known as Malabu Oil.

Also yesterday, three claimnants of stake in Malabu Oil and Gas – Otunba Oyewole Fasawe, Mohammed Sani Abacha and Kweku Amasaga – dragged the federal government and six others before the Abuja division of the Federal High Court over the re-allocation of OPL 245.

Justice John Tsoho of the Federal High Court vacated the order in a ruling he delivered on an application by Shell Nigeria Exploration and Production Company Limited and Nigerian Agip Exploration.

Tsoho in his ruling held that conditions precedents before such order could be issued were not met by the Chairman of the EFCC.

According to the judge, the order of forfeiture ought not to have been granted the EFCC boss in the first instance because he did not meet the required conditions to enjoy such forfeiture order.

He aligned with the submission of the two oil companies that there was no case of tracing of assets or attachment before the EFCC boss rushed to the court to apply and secured the order for forfeiture as part of the condition precedent.

Justice Tsoho also held that the EFCC Chairman was not the proper person that can invoke court jurisdiction for temporary order of forfeiture and that the subject matter, OPL 245 being an oil block is a tangible property not movable.

“I have taken a critical look into the processes filed and submissions by counsel to parties in the matter and I have come to the conclusion that the Chairman of EFCC failed to meet conditions that can enable him enjoy order of temporary forfeiture.

“In effect, the order of temporary forfeiture of January 26, 2017 granted on the application of the EFCC Chairman is hereby set aside and vacated.

With the setting aside of the order of the temporary forfeiture, proceedings in respect of this matter here come to an end,” the Judge said.

Shell Nigeria Exploration and Production Company Limited and Nigeria Agip Exploration Ltd and other individuals had last month in Abuja asked the Federal High Court to discharge the order of forfeiture which it granted the Economic and Financial Crimes Commission (EFCC).

Justice Tsoho had on Thursday, January 26, 2017 granted an order of interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1bn Malabu Oil deal.

It would be recalled that Justice Tsoho granted the order following an ex-parte motion filed by the EFCC through its counsel, Mr Johnson Ojogbane.

The judge had also held that the property should be managed by the Department of Petroleum Resources on behalf of the federal government, pending the conclusion of investigation and prosecution of all those involved.

Recall that the EFCC had on December 20, 2016, charged nine suspects, including Adoke, with respect to the $1.1bn scam.

Other accused persons named in the charges filed by the EFCC before a Federal High Court in Abuja, were Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd, Megatech Engineering Ltd.

The anti-graft agency, in the charges with suit number, HC/ABJ/CR/268/2016, accused Adoke of illegally transferring over $800m purportedly meant for the purchase of the OPL 245 to Etete,  Malabu Oil & Gas Limited from a Federal Government account.

Abacha family, Fasawe, Amasaga drag FG, 6 others to court over re-allocation of of OPL 245

Meanwhile, some stakeholders of Malabu Oil and Gas yesterday dragged the federal government and six others before the Abuja division of the Federal High Court over re-allocation of OPL 245.

The stakeholders include Otunba Oyewole Fasawe, Mohammed Sani Abacha and Kweku Amasaga.

Others sued with the Federal Government as defendants are, Minister of Petroleum, Shell Nigeria Ultra Deep Limited, Shell Nigeria Exploration and Production Company Ltd, Nigerian Agip Exploration Company Ltd, Economic and Financial Crimes Commission (EFCC) and Dan Etete.

The plaintiff through its lawyer, J. A. Achimugu in a writ of summons marked FHC/ABJ/CS/201/2017 is praying the court for a declaration that its rights and interest in OPL 245 granted or re-allocated to it is still valid and subsisting.

The plaintiff also wants the court to declare that since it was not a party to the block 245 resolution agreement dated April 29, 2011 it cannot be bound by the terms of the said agreement as it relates to or concerns OPL 245.

Furthermore, the plaintiff is seeking a declaration that since it was not a party to the block 245 resolution agreement dated April 29, 2011, any payment purportedly made by the defendants into any bank account purporting to be the plaintiff’s bank account and or made to the 9th defendant purportedly in the name of the plaintiff was not payment made in pursuance of the said block 245 resolution agreement.

Also, the plaintiff is seeking a declaration that the allocation of OPL 245 by the 1st and 2nd defendants to the 4th and 5th defendant’s via the 2nd defendant’s letter on May 11, 2011 titled, “Re: OPL 245 Resolution Agreement/Letter of Award” while the plaintiff’s rights and the interests to OPL 245 was subsisting is in violation of the plaintiff’s exclusive right under paragraph 5 of the 1st schedule to the Petroleum Act to explore and prospect for petroleum within the area covered by OPL 245 and is therefore invalid, wrongful, null and void and of no effect whatsoever.

The plaintiff also wants the court to give a declaration that the grant of OPL 245 by the 2nd defendant to the plaintiff in the exercise of the 2nd defendants powers under Section 2 of the Petroleum Act Cap. P.10 Laws of the Federation of Nigeria, 2004 does not constitute an offence under any penal law in Nigeria and OPL 245 is not the proceeds of any offence or crime under EFCC (Establishment) Act Cap. E1 Laws of the Federation 2004 or any other law in force in Nigeria.

Based on the above, the plaintiff therefore wants the court to make an order compelling the defendants to restore to it its right to the exclusive possession of OPL 245.

In addition, the plaintiff is also praying the court for an order of perpetual injunction restraining the defendants and in particular the 6th defendant from treating and or dealing with OPL 245 as a proceed of an offence and from interfering in any manner whatsoever and howsoever with the plaintiff’s exclusive right to explore and prospect for petroleum in the area of OPL 245.

The plaintiff also wants an order of perpetual injunction restraining the defendants from carrying out any exploration or prospecting activities in connection with or in relation to the area covered by OPL 245.

The matter is yet to be assigned for hearing.

Credit: This Day