Italian appeal court upholds conviction of prosecutors for withholding evidence in OPL 245 case

An Italian appeal court has upheld an eight-month prison sentence for two Milan prosecutors accused of withholding documents that could have supported oil major Eni’s defence in a corruption case linked to Nigeria’s OPL 245 oilfield.

The court in the northern city of Brescia, on Thursday, affirmed the ruling that the prosecutors – Fabio De Pasquale and Sergio Spadaro – failed in their legal obligation to submit evidence favourable to the defence during the trial, which also involved Shell.

According to Reuters, the judges found that the prosecutors did not file a video recorded by a former Eni lawyer that was considered relevant to the case.

Before the verdict, Spadaro told the court that there was “no refusal” or “omission”, insisting that he and his colleague acted “according to conscience and law”.

Massimo Dinoia, their lawyer, stated that the prosecutors would appeal the decision to Italy’s top court, the Court of Cassation. They will remain in office while the appeals process continues.

THE OPL 245 CONTROVERSY

In March 2021, a Milan court acquitted Eni, Shell, and several individuals of corruption in the $1.3 billion acquisition of Nigeria’s OPL 245 oilfield, ruling that there was no case to answer. The acquittal was later upheld on appeal and became final in 2022.

The Nigerian government said it was surprised and disappointed by the verdict and would consider whether to appeal..

In Nigeria, the federal government in 2021 also withdrew its $1.1 billion civil case against Shell after discontinuing a similar suit against Eni.

On April 9, 1998, the federal military government awarded OPL 245 to Malabu Oil and Gas Ltd, which was said to be owned mainly by Mohammed Abacha, son of the Sani Abacha, and Etete, who was the petroleum minister at the time.

On July 2, 2001, President Olusegun Obasanjo revoked Malabu’s licence and assigned the oil block to Shell — without a public bid. Malabu went to court, but ownership was reverted to it in 2006 after it reached an out-of-court settlement with the federal government.

Shell fought back and commenced arbitration against Nigeria, but when President Goodluck Jonathan came to power in 2010, the controversy appeared to have been resolved with Shell and Eni agreeing to buy the oil block from Malabu for $1.1 billion.

The oil companies also paid $210 million as signature bonus to the federal government of Nigeria.

However, activists launched an international campaign, alleging that the OPL 245 deal was fraudulent, arguing that the proceeds were used to bribe government officials.

Mohammed Adoke, Nigeria’s former attorney-general, was put on trial in Nigeria over the allegations but was discharged and acquitted by the federal high court in Abuja.