By Adedapo Adesanya
The United States is pushing for the reopening of an investigation against multinational oil companies Shell and Eni in Nigeria regarding their 2011 purchase of the rights to the controversial Oil Prospecting License (OPL) 245.
OPL 245 is regarded as one of Nigeria’s most lucrative oilfields and has seen a fierce battle over it and it appears the issue might not be over as the US House of Representatives through the Foreign Corrupt Practices Act (FCPA) wants to stir the waters again.
In a petition to Mr Merrick Garland, Attorney General of the US, the lower house is urging the reopening of the investigation by the Department of Justice (DOJ).
The House stated that “available evidence implicates both companies in a scheme that resulted in the payment of $1.1 billion in bribes to Nigerian government officials, including then-President Goodluck Jonathan”.
“Shell and Eni, both registered with the U.S. Securities and Exchange Commission (SEC) continue to profit from the deal in violation of the FCPA,” read the letter dated May 8, 2024 and signed by Representative Maxine Waters of the Committee on Financial Services, and Representative Joyce Beatty of the Subcommittee on National Security, Illicit Finance, and International Financial Institutions
The House maintained, in the letter, that “allegations of corruption surrounding OPL 245 began in 1998, when Dan Etete, a convicted money launderer and Nigeria’s former Oil Minister during the military dictatorship of General Sani Abacha, awarded the OPL 245 license to Malabu Oil and Gas, a company whose principal shareholders were revealed to be Etete himself and the son of General Abacha”.
The rights to OPL 245, according to the petition from Congress, continued to be marred with corruption and in 2000, Malabu’s share registry was changed to reflect a 505 shareholding by Pecos Energy, a company secretly controlled by then-President Olusegun Obasanjo and his Vice President, Mr Atiku Abubakar.
The letter stated that Malabu’s license was revoked in 2001 but restored in 2006, with evidence suggesting that bribes were paid to then-Attorney General, Mr Bayo Ojo, who played a key role in that decision.
The House alleged that Shell and Eni then purchased the license from Malabu in 2011 for $1.3 billion with the knowledge that a portion of the proceeds would be used to bribe numerous Nigerian officials. It added that hundreds of millions of Dollars passed through various Nigerian shell companies linked to Mr Aliyu Abubakar, a scandalous businessman.
“Then-President Goodluck Jonathan was said to have pocketed some $200 million from the sale, and the former Attorney General involved in the 2006 reinstatement of Malabu’s license also purportedly received a sizeable payout
“Other funds would later be traced to the purchase of real estate in the US, Dubai, Brazil, and Switzerland, as well as luxury vehicles and gems,” the House petition also read.
In further urging the re-opening of the case, the House stated that the harm to the Nigerian people would continue to be felt beyond the immediate payment of bribes, with experts alleging that the country lost $6 billion in estimated future revenue – double the size of Nigeria’s annual health and education budget.
According to the petition, in 2013, there was sufficient evidence for the Federal Bureau of Investigation (FBI) and the money laundering investigation into the deal, which was followed by an FCPA investigation. In 2019, the DOJ notified Eni that the US had closed the inquiries in light of Italy’s prosecution of the case, yet it noted that the file could be reopened if circumstances changed.
The House noted that Shell and Eni were subsequently acquitted by the Italian court yet the companies “continue to profit from their exploitation of the OPL 245 deal.”
“The United States has consistently demonstrated global leadership in the fight against foreign bribery, with the FCPA swerving as model legislation for countries around the world.
“The reopening of the case would further illustrate the US commitment “to aggressively pursue foreign bribery cases,” as stated in the U.S. Strategy on Countering Corruption and reaffirm its pledge to fully implement the OECD Anti-Bribery Convention.
“We urge you to leverage this portent anti-corruption law to address the issues in the case and to send a powerful message that the United States stands vigilant in its pursuit of corporate crime around the globe,” the House petition to the Attorney General further read.