Posted by John Donovan: 22 May 2023
OIL MAFIA SAGA: HOLLAND AND UNCLE SAM SHOULD KICKSTART THE “WHODUNNIT” DRAMA ON ENI AND SHELL’S OPL245 GAME IN NIGERIA
Transparency International and its chapters in the Netherlands and the US are pleading with authorities in the two countries to revive the great soap opera involving Eni and Shell, the alleged Godfathers of bribery in Nigeria.
Our darling oil titans are accused of generously gifting over a cool US$1 billion in bribes to the chums of then-president Goodluck Jonathan. All for a trivial piece of paper – rights to the OPL245 offshore oilfield. This is recognized as an absolute party for the people of Nigeria. Because, of course, nothing says prosperity like environmental devastation and corruption. Obviously, the US and the Netherlands launched investigations but had to slam the brakes due to some Italian courtroom drama.
However, in a twist of fate that rocked no one, Italian authorities donned their rose-tinted glasses and gave Eni and Shell a get-out-of-jail-free card in 2021 and 2022. Surprised? Neither am I. This is Italy’s favourite dance number, with both the OECD Working Group on Bribery and Transparency International’s Exporting Corruption 2022 report pointing out Italy’s ‘effective’ action against foreign bribery. In light of the hot scoop that Nigeria’s attorney general urged the outgoing president to call it quits with Eni and Shell, the need for other countries to put on their investigator hats and take over the case has never been more urgent.
Meanwhile, the Civil Society Legislative Advocacy Centre (CISLAC) – Transparency International’s Nigerian branch – is begging the Nigerian government not to drop its charges. The Nigerian treasury might be looking at a not-so-little dent of about US$5 billion, thanks to the shrewdly negotiated terms of the OPL 245 deal.
Auwal Musa Rafsanjani, the big boss of CISLAC, moaned:
“Nigerians need answers. The outgoing government of President Muhammadu Buhari should turn a deaf ear to calls to halt litigation over a deal that might have made the Nigerian public just a wee bit poorer. This is especially important as the current government has about a week left before another band of merry men take over. The incoming government must ensure that we get to the bottom of this fiasco.”
Whatever fig leaves they might be trying to use to hide the truth, Shell and Eni paid over $1bn to a company called Malabu for the OPL 245 licence. Even though the payment was channelled through the Nigerian government, it was clear that Shell knew that the ultimate beneficiary was Dan Etete, the former minister of petroleum. Etete is the owner of Malabu, to whom he awarded the licence when he was the Nigerian Minister of Petroleum.
Shell management has a track record of putting profits first, before any other consideration, including the health and safety of its own employees. In other words, money before ethics. This is after all the company that financially supported Hitler and the Nazis. Google “Shell Nazi History”.
Shell is invited to point out for correction any factual inaccuracies and supply closing comments for publication as part of this article on an unedited basis.
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Transparency International
NIGERIA OIL BRIBERY CASE: NETHERLANDS AND US MUST REOPEN INVESTIGATIONS INTO ENI AND SHELL’S ROLE
Both countries have an international obligation to punish foreign bribery
Transparency International and its chapters in the Netherlands and the US urge authorities in the two countries to reopen investigations into Eni and Shell for alleged bribe-paying in Nigeria.
The two oil multinationals are alleged to have paid over US$1billion in bribes to members of then-President Goodluck Jonathan’s administration for the rights to the OPL245 offshore oilfield, in a case widely recognised as seriously detrimental to the people of Nigeria. Along these lines, both the US and the Netherlands had previously opened investigations into the deal, but closed them due to a court case in Italy.
Yet in 2021 and 2022, Italian authorities acquitted both Eni and Shell, shocking the international community. Unfortunately, this is part of a pattern in Italy, with both the OECD Working Group on Bribery and Transparency International’s own Exporting Corruption 2022 report finding the country to be limited in its enforcement against foreign bribery. Now, reports that Nigeria’s attorney general advised the country’s outgoing president to drop the long-running dispute with Eni and Shell make the reopening of proceedings in countries that have jurisdiction over the case crucial for accountability.
See our letter to the Amsterdam Court of Appeals
See our letter to US Attorney General Merrick Garland
Simultaneously, the Civil Society Legislative Advocacy Centre (CISLAC) – Transparency International’s chapter in Nigeria – urges the Nigerian government to refrain from terminating its own disputes. It is estimated that the Nigerian treasury could lose as much as US$5 billion because of the poorly negotiated fiscal terms under the OPL 245 deal.
Auwal Musa Rafsanjani, executive director of CISLAC, said:
“Nigerians need answers. The outgoing government of President Muhammadu Buhari should reject calls to stop litigation over a deal that may have caused the Nigerian public an enormous loss. This is important especially as the current government has about a week before giving way to another administration. The incoming government must ensure that we get to the root of the matter.”
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Malabu Oil Deal: I Only Got $1.1 billion bribe from Shell and Eni: 15 June 2013
Reuters: UK police probing Shell, ENI Nigerian oil block deal: 24 July 2013
The Scandal of Nigerian Oil Block OPL 245: 25 Nov 2013
SIGNED STATEMENT OF TRUTH: 10 Dec 2013
JUDICIAL REVIEW APPLICATION: DATED 10 Dec 2013
Nigerian lawmakers recommend revoking Shell, Eni OPL 245 oil block licence: 20 Feb 2014
Royal Dutch Shell Implicated in Nigerian OPL 245 Corruption Scandal: 11 Sept 2014
Safe Sex and Corruption in Nigeria – OPL 245: 18 Sept 2014
Eni payments ‘used to bribe Nigeria officials’: 2 Oct 2014
APC questions Jonathan over Malabu Oil $550mn bribery scandal: 12 Oct 2014
OPL 245 Deal:Lawyers jostle to represent Malabu: 28 Oct 2014
Secrecy order lifted on legal challenge to corrupt Nigerian oil deal (OPL 245): 7 Nov 2014
Nigeria: Malabu – Court Fixes Application to Halt Suit for March 12: 6 Feb 2015
Nigeria: ENI Misled Shareholders Over Nigeria Corruption Scandal – – Global Witness: 1 JUNE 2015
EFCC quizzes former minister, Etete, over alleged oil deal: 29 JUNE 2015
Nigerian Probes Uncover $12bn Oil Fraud: 10 NOV 2015
COURT REFUSES TO UNFREEZE FUNDS FROM “SMASH AND GRAB” RAID ON NIGERIAN OIL BLOCK: 15 DEC 2015
Shell, Eni In Fresh Trouble As Nigeria Begins Moves To Withdraw OPL 245: 26 JAN 2016/a>
9 Billion Barrels of Crude At Risk In Massive Nigerian Oil Shakeup: 28 JAN 2016
Nigerian President Steps Up Fight Against Corruption: 28 JAN 2016
Premuim Times: Turf War Over $1.3 Billion OPL 245 Shell/Eni Malabu Scam: 8 FEB 2016
Face-off over Malabu Shell/Eni oil bloc scam: 15 FEB 2016
Reuters Article: Shell says Dutch investigators visit Shell HQ in Nigeria oil probe: 30 March 2016
Reuters Article: Italian prosecutors probe Shell over Nigeria oil deal – source: 30 March 2016
Wall Street Journal Article: Shell Meets Investigators About Role in Nigeria Deal: 30 March 2016
Daily Mail Article: Shell dragged into Nigeria oil corruption probe: 30 March 2016
FT Article: Shell headquarters visited by corruption investigators: 30 March 2016
BBC News Article: Shell Nigeria deal probed in Italy: 31 March 2016
UPI Article: Shell target of Nigerian corruption probe?: 31 March 2016
New York Times Article: Italy Probes Shell’s Role in Purchase of Nigerian Oil Block: 31 March 2016
Sahara Reports Article: $180m Halliburton Probe: EFCC Boss, AGF In U.S.: 1 April 2016
Ecologist: Shell investigated over $1 billion corrupt oil deal: 4 April 2016
THE NATION: Malabu Oil deal: EFCC quizzes SNEPCO boss over $1,092b settlement cash: 20 April 2016
PREMIUM TIMES: $1.1billion Malabu scam: Italian oil giant, ENI, admits wrongdoing: 14 May 2016
Vanguard: Malabu Oil Deal: New facts implicate more Nigerians: 2 September 2016
THE NATION: Malabu malady: 24 October 2016
Shell comments on dismissal of Dutch investigation into OPL 245
Shell plc (“Shell”) today made the following statement after the Dutch Public Prosecutor’s office announced it had dismissed its investigation into bribery allegations related to Oil Prospecting Licence (OPL) 245 in Nigeria.