The Federal High Court sitting in Abuja yesterday ordered an interim forfeiture of oil prospecting licence (OPL 245) otherwise known as Malabu oil to the Federal Government.
The court, however, noted that the order will last pending the conclusion of investigation and prosecution of Shell Nigeria Ultra Deep Ltd, Shell Nigeria Exploration and Production Company Ltd, Nigerian Agip Exploration Ltd, Malabu Oil and Gas Ltd and other individuals named in connection with the act of conspiracy, bribery, official corruption and money laundering. Justice John Tsoho, who gave the order, also ordered the Department of Petroleum Resources (DPR) to manage the oil processing licence of OPL 245 on behalf of the Federal Government of Nigeria.
The order of the court was sequel to an application brought by the Economic and Financial Crimes Commission (EFCC), following controversies and allegations of fraud associated with the licencing of the oil bloc. In a 21-paragraph affidavit sworn to by one Ibrahim Ahmed, attached with an ex-parte originating summons, the commission stated that the properties attached are proceeds of crime that should be forfeited to the Federal Government of Nigeria. The anti-graft agency further submitted that the commission had taken the steps in public interest in view of the crimes and fraud against the economic interest of the Federal Government.
It was averred that sometime in April 1998, Malabu Oil and gas Ltd was incorporated in Nigeria with shareholders namely Mohammed Sani, fronting for the late Gen. Sani Abacha, Kwekwu Amafegha representing Dan Etete, the then Minister of Petroleum Resources and Hassan Hindu on behalf of Ambassador Hassan Adamu.
It was further averted that in the same month, the Federal Ministry of Petroleum Resources offered the company deep-water oil bloc processing licence in respect of OPL 245. In addition, it was averred that in June 1998, Gen. Abacha died and between 1999 and 2000, the corporate status and shareholding structures were altered severally through forged board resolutions, which eventually divested Mohammed Sani of their shares, while new shareholders and directors were appointed fraudulently.
The EFCC had earlier filed charges against some of the suspects, including the immediate past Attorney General of the Federation and Minister of Justice, Mohammed Adoke.
The order, obtained by the EFCC yesterday, appeared to set the stage for prosecution of more suspects. Other accused persons named in the charge filed by the EFCC were Dan Etete, Aliyu Abubakar, Malabu Oil & Gas Ltd, Rocky Top Resource Ltd, Imperial Union Ltd, Novel Properties & Dev. Co. Ltd, Group Construction Ltd and Megatech Engineering Ltd.
The anti-graft agency, in the charge with suit number FHC/ABJ/ CR/268/2016, accused Adoke of illegally transferring over $800 million purportedly meant for the purchase of the OPL 245 to Etete, Malabu Oil & Gas Limited from a Federal Government account. The EFCC also accused Aliyu, an oil magnate, who is the Chairman of A. A. Group and Rocky Top Services, of receiving $336,456,906.78.
