They were determined to secure a criminal conviction against Royal Dutch Shell and Eni S.p.A. in the OPL 245 case so much that they were ready to go to any length to hit the target.

They might have gone too far.

Fabio De Pasquale, the deputy prosecutor of Milan, and Sergio Spadaro, the public prosecutor, are due to face trial at the Court of Brescia, Italy, in May for allegedly hiding vital information that was favourable to the defence during the trial.

THE OPL 245 CASE

Shell and Eni had, in 2011, paid $1.1 billion to acquire OPL 245 after Malabu Oil & Gas Ltd, the original allotee, relinquished its entire interest in the oil block.

 

This followed a settlement brokered by the Nigerian government to end a 10-year legal dispute on the acreage, which is considered to be one of the richest in Africa.

The oil companies also paid a signature bonus of $210 million to the Nigerian government. It is the biggest signature bonus in Nigeria’s history.

However, transparency watchdogs alleged that the $1.1 billion paid to Malabu was intended to bribe government officials.

 

In 2018, De Pasquale launched a criminal case against the oil companies, their executives, agents and some Nigerians, including Dan Etete, former minister of petroleum resources.

The government of Nigeria joined the suit as the civil “injured” party, while Royal Dutch Shell, ENI S.P.A., Shell Petroleum Development Company of Nigeria Ltd, Shell UK Ltd, and Shell Exploration and Production Africa Ltd were listed as “parties liable for civil damages”.

After a trial that lasted for nearly three years, the Court of Milan, presided over by Marco Tremolada, determined that the allegations of fraud and corruption were not proven.

In July 2022, an attempt to appeal against the verdict was terminated by the attorney general of Italy who said the case “must finish today because it has no basis… in fact, it should have finished earlier”.

Two defendants — including a Nigerian middleman — who had been convicted and jailed in a fast-tracked aspect of the trial were freed after winning on appeal.

De Pasquale and Spadaro face charges of professional misconduct and attempt to pervert justice

WHAT DID DE PASQUALE AND SPADARO ‘HIDE’?

It came to light in June 2021 — three months after Shell and others were discharged and acquitted — that some vital pieces of evidence in the possession of the prosecutors were hidden from the Court of Milan.

This was considered to be a professional misconduct and is now being treated as a criminal act.

The judges of the Milan court said it was “incomprehensible” that the public prosecutor chose “not to file among the proceedings a document which contains extraordinary elements in favour of the defendants”.

 

One, there was a secretly recorded video in which the former Eni manager, Vincenzo Armanna, who was a defendant in the trial and whose witness statements formed a large part of the prosecution’s case, spoke with Piero Amara, a former lawyer of Eni.

According to the judges, Armanna disclosed an intention to blackmail Eni’s top management and launch a devastating media campaign against them. He hoped to turn to the prosecutor to get them covered in “an avalanche of s***”.

 

Two, Paolo Storari, the Milanese prosecutor, had sent to De Pasquale and Spadaro chats found on Armanna’s phone suggesting that he had paid $50,000 to Isaak Eke, a Nigerian witness, to make accusatory statements against some co-defendants.

Three, Armanna had also produced purported WhatsApp conversations with Claudio Descalzi, Eni CEO, and Claudio Granata, chief of staff, in 2013 seeking to prove that they asked him to recant his allegations of corruption in the OPL 245 case so that he could be re-hired by the oil company and be helped to make money through a Nigerian firm.

 

However, it turned out the chats were fabricated after a technological analysis was done in 2021.

The Vodafone numbers attributed to the two top Eni executives were not active in 2013 and did not have any call records.

 

In January 2023, Christian Colombo, the judge in the preliminary hearing at the Court of Brescia, indicted De Pasquale and Spadaro and remanded them for failing to file the evidence.

Colombo accepted the evidence provided by Brescia prosecutors — Francesco Milanesi and Donato Greco — and decided that the indicted prosecutors should go on trial.

He said De Pasquale and Spadaro had a duty not to conceal from the defence and from the court the facts and evidence at their disposal.

WHAT DOES DE PASQUALE WANT?

De Pasquale styles himself as an anti-corruption hunter and was celebrated for getting Silvio Berlusconi, the former Italian prime minister, convicted over tax fraud in 2012.

He had also been looking to get Eni convicted over allegations of corporate fraud. The OPL 245 case provided him an opportunity to prosecute what transparency campaigners described as “the biggest corporate fraud in history”.

In November 2015, De Pasquale visited Nigeria and had meetings with senior government officials, including Vice-President Yemi Osinbajo, over the OPL 245 affair.

TheCable understands he suggested that Nigeria could get back the $1.1 billion paid by Shell and Eni to Malabu by criminalising the 2011 settlement agreement so that he could pursue a criminal case against the key entities and persons in Italy.

Mohammed Bello Adoke, the Nigerian attorney-general when the deal was brokered by the federal government in 2011, alleged in his book, Burden of Service, that the Economic and Financial Crimes Commission (EFCC) was asked to go after him by putting him on trial and getting a conviction to serve as proof of corruption in the deal.

This was expected to strengthen De Pasquale’s case in Milan.

Adoke was not in trial in Italy, but the EFCC filed several cases against him in Nigeria and his name was constantly mentioned in the Milan court, although the court did not make any adverse pronouncement against him in its verdict.

One of the cases filed against Adoke was that he collected a $2 million bribe from the $1.1 billion paid to Malabu and bought a property in Abuja, an allegation he has denied several times.

According to him, the facts of a mortgage he took from a bank in 2012 were manipulated to make it look like he collected a bribe.

Abubakar Aliyu, who was on trial in Italy accused of distributing the OPL 245 bribes, told an Abuja court that the EFCC offered him a deal to lie that he bribed Adoke but he refused.

Suraju, an anti-corruption campaigner who worked closely with De Pasquale in the OPL 245 case, was charged to court by the Nigerian government for allegedly circulating doctored evidence against Adoke. The case was terminated before trial could start 

‘DE PASQUALE HIDING VITAL EVIDENCE’

In May 2018, when the Milan trial was on, Adoke alleged that the Italian prosecutors had hidden vital evidence from the court which would have exonerated him of alleged bribery in the transaction.

In June 2021, he also wrote a petition to the Italian minster of justice to complain about the prosecutors.

Adoke alleged that they deliberately concealed his failed N300 million mortgage transaction with Unity Bank from the Milan court just to create the impression that it was a bribe.

He also alleged that an email purportedly sent by him from the account of a property company mentioned in the OPL 245 payments was forged.

Adoke further alleged that a phone conversation was stage-managed to implicate him.

In it, somebody posing as Adoke was heard saying he knew the OPL 245 deal was “a presidential scam”.

Following a petition by Adoke, the Nigerian police quizzed and indicted Olanrewaju Suraju, chairman of HEDA, over allegations of forgery.

HEDA is the Nigerian partner of the international campaigners who helped the Italian prosecutors in the OPL 245 trial.

The Corner House, Re:Common and Global Witness worked with HEDA to generate global media publicity around the trial.

Suraju was charged to court by the federal government over the forgery allegations.

The government later decided to terminate the case, reportedly because it was relying on the same disputed evidence in its civil claims against JP Morgan over the OPL 245 deal.

Suraju was then discharged but not acquitted by the Nigerian court.

Nigeria still lost the JP Morgan case as the commercial court in London ruled that there was no evidence of fraud in the OPL 245 deal.

With all litigation on OPL 245 collapsing worldwide and Abubakar Malami, the Nigerian attorney general, seeking to terminate the cases in Nigeria partly because of poor prospects of victory, De Pasquale and Spadaro appear to have missed their target and may now pay the price.

[TheCable]

Last modified on Thursday, 20 April 2023 04:57

President Muhammadu Buhari has reacted to the judgement of a Federal High Court, Abuja, restoring Ifeanyi Ararume as the non-executive Chairman of Nigeria National Petroleum Company Limited (NNPCL).

Naija News recounts that In a judgement on Tuesday, Justice Inyang Edem Ekwo voided Ararume’s sack and declared that the action of the President was arbitrary, unlawful and illegal.


The presiding judge also awarded N5 billion against Buhari and the NNPCL and ordered that the money to be paid to Ararume as damages for the wrongful sack and disruption of his appointment.


Justice Ekwo also ordered that Ararume be immediately restored to office as a non-Executive Chairman of the NNPCL, and declared as null and void all decisions of the Board of Directors of the NNPCL carried out in the absence of Ararume.

The judge held that Buhari acted ultra vires, wrongful, illegal, null and void in the ways and manners Ararume was sacked after using his name to register NNPCL and that such a brazen act cannot stand in the face of the law.

However, reacting to the court’s verdict on Wednesday, the president said he has taken due notice of the judgment by the court.

President Buhari in a statement issued by his Special Adviser on Media and Publicity, Femi Adesina noted that the Office of the Attorney General of the Federation /Minister for Justice is yet to receive a formal copy of the ruling.

Buhari, in the statement, remarked that he has affirmed that due judicial process will be followed, even though the NNPCL has already taken steps to go on appeal.

Buhari, who called for calm between both parties said “The administration respects the Rule of Law, and nothing will be done outside it to resolve the matter.”

Last modified on Wednesday, 19 April 2023 17:59

An unnamed commercial bus driver was on Wednesday confirmed dead in an accident involving two yellow-coloured vehicles known as ‘danfo’ and a government-owned BRT bus.

The BRT bus went up in flames, compounding the traffic situation along the axis.

The Spokesman for the Lagos State Traffic Management Authority (LASTMA), Adebayo Taofiq in a telephone chat with Channels Television blamed the accident on over speeding by the buses.

 

“The accident involved a BRT bus and two commercial buses,” he said.

“One of the drivers of the commercial buses died on the spot. There are passengers with minor injuries.

He said though the rain compounded the gridlock on the axis but LASTMA officials have been deployed to the accident scene to manage the traffic.

Other first responders were also seen at the scene.

Last modified on Wednesday, 19 April 2023 17:59

Socio-political group, the Pan Niger Delta Forum (PANDEF) has urged the leadership of the All Progressives Congress (APC) to zone the position of Senate President to the South-South geopolitical zone in the interest of equity and fairness.

In a statement by the group’s spokesman, Ken Robinson, PANDEF said it is only “proper” for the ruling party which has a majority of Senators-elect, to zone the highly coveted position to the South-South zone.

The APC won majority of the legislative seats during the elections with over 55 Senate seats out of 109 and over 160 out of 360 House of Representatives seats.

Many APC chieftains and legislative member-elect have expressed interest in the highly coveted positions in the red and green chambers. They include Orji Kalu, Jibrin Barau, Godswill Akpabio, Dave Umahi, Ahmad Lawan, Ali Ndume, Abdulaziz Yari, Osita Izunaso, amongst others.

The party is expected to release its zoning formula after the Ramadan fast, according to Senate Spokesperson, Ajibola Bashiru.

PANDEF, which is led by elder statesman, Pa Edwin Clark, argued that the last time someone from the present South-South States occupied the office of Senate President was during the 2nd Republic (1979/1983), when the late Senator Joseph Wayas, from Cross River State, was elected, first in October 1979, and, again, in October 1983, before that Republic was truncated on 31st December 1983.

“In the present dispensation, since 1999, the South-South Zone has not had a turn in the Office of the Senate President. The Region has had stints at the lower levels of Deputy Speaker of the House of Representatives, between 1999 and 2007, under the Rt. Hon. Chibudom Nwuche, and the Rt. Hon. Austin Opara, both from Rivers State. Currently, Senator Ovie Omo-Agege, from Delta State, is Deputy Senate President.

“Ostensibly, the South-South Zone has an unassailable reason to step up to the Senate Presidency, after twenty-four years of our current Democratic experience. No contrary arguments can stand against this South-South position.”

The group said the APC leadership cannot be entirely unmindful of the fact that a Muslim Senate President would bring further imperilment to national order, affecting the sorely desired overall stability.

“PANDEF, therefore, implores the President-elect, Senator Bola Ahmed Tinubu, along with other key stakeholders of the APC, and, indeed, all Senators-elect of all parties, and the party hierarchies, to support the ceding of the incoming Senate Presidency to the South South zone. This is, unarguably, the fair and proper thing to do, at this time of our Country’s political progression,” the statement partly read.

Last modified on Wednesday, 19 April 2023 17:59

Atiku Abubakar has lauded Umaru Fintiri’s re-election as the Governor of Adamawa State, describing it as a win for democracy. 

But following the conclusion of the rescheduled collation, Fintiri, the Peoples Democratic Party (PDP) candidate, was declared the winner of the highly-dramatic poll Tuesday, beating his closest rival ‘Binani’.

Minutes after the declaration, Atiku who was the PDP presidential candidate for the 2023 elections, said the triumph proves that good can overcome bad.

 

“Congratulations, Gov Ahmadu Fintiri, on your deserved reelection as governor of Adamawa State. Thank you to the people of Adamawa and men and women of goodwill for staying the course in resisting coupists and enemies of democracy from having their way,” the Adamawa-born former vice president tweeted.

“The lesson from this exercise and others is the need for Nigerians to be vigilant and never give in to anti-democratic forces whose objective is to snatch, run with and undermine the mandate of the people as freely expressed in their votes.”

Following Fintiri’s victory, Atiku is optimistic about winning at the presidential election tribunal where he is challenging Bola Tinubu’s emergence as Nigeria’s leader.

“By the way, it is not yet uhuru as we still have one more major mandate to reclaim, and together as ONE, we shall accomplish the task for the good of our country and its people,” he added.

 

[ChannelsTV]

Last modified on Wednesday, 19 April 2023 18:00

Sokoto State politician, Bashir Usman Gorau, has revealed how he sourced for money to fund his campaign activities.

Naija News reports that the Independent National Electoral Commission (INEC) earlier announced Gorau, a 33-year-old unionist, as the winner of the Gada-Goronyo federal constituency election in Sokoto state.

According to the electoral umpire, Gorau polled 29,679 votes to defeat Musa Adar of the All Progressives Congress (APC) who polled 25,549 votes to lose his fifth-term bid.


Adar is the incumbent lawmaker representing the constituency.


Speaking during an interview with Trust TV’s Daily Politics on Tuesday, Gorau claimed that he funded his campaigns through money earned from his farming business.

Also defending his principal, Governor Aminu Waziri Tambuwal, the Rep-elect said the incumbent state leader will never use the state treasury for his campaigns.

“You cannot come and tell Tambuwal to use state treasury for election campaigns will tell you in the hereafter are you one to answer my questions or I am the one to answer my questions? I am very sure of this.

“Like me, I funded my campaigns through my own farming activities and the business I do. Everybody knows that I am a farmer, ask everybody, for the past 14 months I am not in the office,” Gorau claimed.

Gorau was the immediate past Commissioner for Youth and Sports Development in Sokoto. He ran on the platform of the Peoples Democratic Party (PDP).

His victory further added to the list of young candidates who won in the general elections.

 

[NaijaNews]

Last modified on Wednesday, 19 April 2023 18:00

The presidential candidate of the Labour Party (LP) in the February 25 election, Peter Obi has said he does not have dual citizenship.

This is coming on the heels of controversies trailing Bola Tinubu, who allegedly acquired citizenship of another country other than Nigerian.

David Hundeyin, over the weekend, had sent Nigerian internet users into a frenzy after he uploaded images of a Guinean diplomatic passport bearing “Bola Ahmed Tinubu” and his photograph on Twitter.

Though Twitter sanctioned Mr Hundeyin over what it described as a “breach of privacy”, there seems no end in sight to the controversy as Nigerians have started calling out Tinubu to come clarify himself.

“I’m a Nigerian. Committed Nigerian. I don’t have any dual nationality. So, this (Nigeria) is my own country.

“And I have said it that even if there is war outside this country and I’m outside, I will come back because this is my country,”

Obi said at the National Executive Council, NEC, meeting of the Labour Party in Asaba, Delta State on Tuesday.

Last modified on Wednesday, 19 April 2023 18:00

Immediate past coordinator of the Oodua Peoples’ Congress (OPC) in Osun State, Mr Adedeji Aladesawe, on Tuesday, described as untrue and baseless allegation that he collected a sum of N35 million and a Sports Utility Vehicle (SUV) from the President-elect, Bola Tinubu ahead of the February 25 election.

It is recalled that the National Executive Council (NEC) and the National Coordinating Council (NCC) of OPC had in a statement by its publicity secretary, Mr Yinka Oguntimehin announced the replacement of Aladesawe, with another chieftain of the organisation, Mr Adeyemi Aboderin.

Aboderin, who took over was the OPC secretary in Osun and the incumbent secretary of the Nigeria Union of Journalists (NUJ), Osun State Council.

However, while reacting to his removal, Aladesawe described as fictitious and misleading allegation that he received N35 million and one SUV from Tinubu, stressing that the development was aimed at rubbishing his reputation.

He stated: “I was removed by the OPC national coordinator, Chief Gani Adams, on the allegations that I collected N35m from the president-elect, Bola Tinubu, to mobilise support for him in the build-up to the last presidential election.

According to Aladesawe, “I was removed alongside Oyo State coordinator, Olumo, and two others. People had called our national coordinator, Gani Adams, to ask him if there is proof that I collected money from Tinubu.

“I was accused of collecting N35m and a Jeep from Tinubu before the last election. I have never met Tinubu or any of his representatives. This is quite unfair and unjustifiable.

“Without any evidence against us; we were removed. We were even made to swear before the highest OPC leadership to prove our innocence.”

 

[Tribune]

Last modified on Wednesday, 19 April 2023 18:00

Alhaji Abdulmalik Zubairu, a House of Representatives member-elect for Maru and Bungudu Federal Constituency, Zamfara, on Tuesday donated 59 cows to people of his constituency for the Eid-el-Fitri celebrations.

Speaking during the distribution of the animals in Bungudu, the lawmaker-elect said that the gesture was part of his welfare package to the people for Sallah.

Zubairu, represented by the former Chairman of the All Progressives Congress (APC) Bungudu LGA Alhaji Basharu Bello-Auki, said the beneficiaries comprised APC executive members from the 21 wards of Bungudu and Maru LGAs.

Bello-Auki is also Chairman of the distribution committee.

Others, he said, are orphans, widows, Internally Displaced Persons, youths and women associations.

“This is in addition to food items we distributed at the beginning of the month of Ramadan,” he told NAN.

The lawmaker-elect urged the committee to ensure justice and fairness while distributing the animals.

Responding on behalf of the beneficiaries, the chairman, Zannah Foundation, Maru APC ward, Malam Nasiru Sani, commended the lawmaker-elect for the gesture.


Sani said that the committee would ensure judicious distribution of the animals to the beneficiaries.

Last modified on Wednesday, 19 April 2023 18:01

The Independent National Electoral Commission (INEC) has announced that following the conclusion of supplementary polls in Adamawa State, presentation of certificates of return will hold today.

Recall that the Commission on Tuesday, declared the incumbent Governor, Ahmadu Umar Fintiri of the Peoples Democratic Party (PDP) as the winner of the governorship election in the state after defeating his closest rival, Aisha Binani of the opposition All Progressives Congress (APC).

INEC in a statement posted on its Twitter handle, on Wednesday, disclosed that Fintiri and the deputy governor-elect will get their certificates by 3pm today.

“Following the conclusion of supplementary elections nationwide and the declaration of winners, the Commission will present certificates of return to the Adamawa State Governor and Deputy Governor-elect at 3pm today,” the statement said.

Last modified on Wednesday, 19 April 2023 18:01