The Italian prosecutor involved in the trial of Shell, Eni and others, in the controversial Oil Prospecting Licence (OPL) 245 case, Fabio De Pasquale, has been demoted by the country’s Superior Council of the Judiciary (CSM) for his role in the proceedings.

An Italian newspaper, Ilgiorno, reported that De Pasquale was demoted for “lack of impartiality and fairness” in the way he handled the prosecution at the Court of Milan. Recall that in 2021, a former Minister of Justice and Attorney General of the Federation, Mohammed Adoke (SAN), had petitioned Italy’s Minister of Justice over the conduct of De Pasquale. Adoke, through his lawyers, accused the prosecutors of unlawful acts of intimidation/threat to life, forgery of documents/evidence intended for unlawful interference with the administration and perversion of the course of justice.

The Italian was also said to have hidden critical evidence that would have exonerated the defendants and is facing a separate hearing over the allegation. Adoke said the prosecutors acted “maliciously and unprofessionally” to his detriment despite the fact that he was not a direct party to the criminal prosecution and was not on trial before the Milanese court.

Eventually, the court discharged all persons and companies accused of fraud and bribery in the transaction. De Pasquale, who was assistant prosecutor at the Court of Milan with semi-managerial prosecuting functions, was rejected by 23 of the 27 members of the CSM, including its Vice President, Fabio Pinelli, while four members abstained from voting.

“It is therefore demonstrated that De Pasquale lacks the prerequisites of impartiality and balance, having repeatedly exercised jurisdiction in a manner that was neither objective nor fair with respect to the parties as well as without a sense of proportion and without moderation,” the CSM resolved.