News

February 15, 2017

$1.2bn Malabu deal: Shell, Agip bid to repossess OPL 245

$1.2bn Malabu deal: Shell, Agip bid to repossess OPL 245

Oil Installation

By Ikechukwu Nnochiri

ABUJA — Two multinational oil giants, Shell Nigeria Exploration & Production Company Ltd and Nigeria Agip Exploration Ltd, yesterday, moved to vacate the court order that granted Federal Government interim ownership of the disputed Oil Prospecting License, OPL, 245.

The two companies queried the legality of the ex-parte order that gave the Department of Petroleum Resources, DPR, the nod to temporarily manage the controversial oil block for the Federal Government, pending conclusion of investigation and prosecution of those involved in the $1.2 billion Malabu oil block fraud.

OPL 245 is regarded as one of the biggest oil blocks in Africa.

Justice John Tsoho of the Federal High Court in Abuja issued the interim order on January 26, following a motion filed by Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Ibrahim Magu.

However, both Shell and Agip, yesterday, filed separate motions challenging jurisdiction of the high court to issue the interim forfeiture order against them in respect of OPL 245.

Aside applying for an order setting aside, discharging or vacating the interim order in favour of the Federal Government, the two firms asked the court to stay execution of the injunction or suspend the effect of the interim order pending the conclusion of investigation and prosecution of the applicants over the alleged oil bloc fraud.

They equally want the court to strike out the substantive suit by the EFCC.

It was their argument that the institution of the action by EFCC Chairman constituted a gross abuse of the judicial process and abuse of power.

They contended that the process the anti-graft agency employed to secure the interim forfeiture order was “unconstitutional and unlawful.”

Meanwhile, Justice Tsoho adjourned the matter till February 26 to enable EFCC lawyer, Mr. Johnson Ojogbane, respond to the motions by Shell and Agip.

Counsel to Shell, Prof. Olaniwun Ajayi, SAN, and that of Agip, Mr. Babatunde Fapohunda, however, prayed the court to okay accelerated hearing of the matter.