OPL 245 : Shell, Agip challenge forfeiture of oil well

 

Shell exploration limited and Nigerian Agip exploration limited has formally challenged the forfeiture order earlier granted, for temporary forfeiture of the Oil Prospecting License (OPL 245), to the Federal Government pending investigations by the Economic and Financial Crimes Commission (EFCC).

Justice John Tsoho of an Abuja Federal High Court, in the order, following a motion ex parte moved before it, by the prosecuting counsel, Johnson Ojogbane, granted the interim forfeiture of OPL 245 to the Federal Government pending investigation and prosecution of suspects in the $1.1bn Malabu Oil scam.

At the resumption of the matter, Shell and Agip informed the court about its application, challenging the forfeiture order of OPL 245 to the federal government, which the EFCC was yet to file a reply to.

“My lord under section 19 of the EFCC Act, subsection 2b and c, the court is enjoined to have speedy acceleration of matters brought before the court. The order was obtained on January 26 and the respondent have had about 14 days to respond to order which they got ex-parte”, counsel representing Shell, O. Ajayi and Babatunde Fagbowa for Agip argued against submission of the prosecution.

The trial court adjourned the matter to February 27, 2016 for the applications to be heard.

It will be recalled that the EFCC, filed a nine count charge against former Attorney General of the Federation (AGF) and Minister of Justice, Mohammed Adoke, in suit number FHC/ABJ/CR/268/2016 alongside, Dan Etete, former Petroleum Minister, Aliyu Abubakar and his companies: Rocky top resources limited, Imperial Union limited, Novel properties and development company limited, Group construction limited, Megatech engineering limited, as well as Malabu oil and gas over money laundering charges.

Etete was accused of converting various sums ranging from $4million, $401million, $400million and another $401.6million at various dates in August 2011, and transferred same from the Federal Government of Nigeria Escrow account with JP Morgan Chase Bank in London into the account of Malabu and gas.

He was also accused of “having reason to know that the aggregate sum of $801,540,000 only, directly represent the proceeds of an unlawful activity of Malabu oil and gas limited to wit, fraud in respect of the said amount used the said funds and you thereby committed an offence contrary to section 15(2) of the money laundering Act 2011 as amended in 2012 and punishable under section 15(3) of the same Act.

Adoke was also accused of aiding Malabu oil and gas and Etete to commit money laundering offence by facilitating the payment of an aggregate sum of $801.5million.