Shell Nigeria Exploration and Production Company Limited and Nigeria Agip Exploration Limited on Tuesday asked the Federal High Court, Abuja to discharge the interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1 billion Malabu Oil scam.
In an application filed on February 1, 2017 by Prof. Kanyinsola Ajayi (SAN) on behalf of Shell Nigeria Exploration and Production Company Limited, the court was asked to dismiss or strike out the suit.
Ajayi told the court at the resumed hearing of the matter yesterday that, the application specifically wants an order of the court, “setting aside, discharging or vacating the interim order of the court made on January 26, 26, 2017 attaching OPL 245, pending the conclusion of investigation and prosecution of the Applicant.
“An order setting aside, discharging or vacating the interim order directing that OPL 245 be managed by the Department of Petroleum Resources on behalf of the Federal Government of Nigeria, pending conclusion of investigation and prosecution of the Applicant”.
The company held that the legal action by the Economic and Financial Crimes Commission (EFCC) constitutes an abuse of power and the process of the court and that the process of procuring the exparte order was unconstitutional and unlawful.
According to the applicant, EFCC misrepresented and suppressed material facts in obtaining the exparte order and prayed the court to discharge the order in the interest of justice.
Justice John Tsoho, handling the matter had, on January 26, 2017 granted an order of interim forfeiture of Oil Prospecting License (OPL 245) to the Federal Government pending investigation and prosecution of suspects in the $1.1bn Malabu Oil scam.
The order will last pending the conclusion of investigation and prosecution of Shell Nigeria Ultra Deep Limited, Shell Nigeria Exploration and Production Company Limited, Nigerian Agip Exploration Limited, Malabu Oil and Gas Limited and other individuals named in connection with the act of conspiracy, bribery, official corruption and money laundering.
Justice Tsoho also ordered the Department of Petroleum Resources (DPR) to manage the oil processing licence of OPL 245 on behalf of the Federal Government of Nigeria.
Counsel to the second applicant, Nigeria Agip Exploration Limited, Mr Babatunde Fapohunda (SAN) who also filed the same application, urged the court to set aside its earlier order in the interest of justice.
Meanwhile, the prosecuting counsel, Mr Johnson Ojogbane informed the court the prosecution could not respond to the two applications, “due to circumstances beyond our control.”
He craved the indulgence of the court for an adjournment to enable the prosecution to respond, so that the two applications could be taken together on their merits.
In his response to the application for adjournment, Ajayi reminded the court that the prosecution had said the matter was of urgent public interest and wondered why the prosecution had failed to respond to an application filed over two weeks ago.
“Under Section 19 (2b and c) of the EFCC Act, the court is enjoined to give accelerated hearing brought before it under the Act and that the Federal High Court Practice Direction 2013 also stresses the need for accelerated hearing of criminal matters brought before the court.”
Ajayi urged the court to give a short adjournment, given the urgency of the matter and the public interest the respondents attached to it.
Justice Tsoho adjourned the matter till February 27, 2017 to hear the two pending applications.
Recalled also that EFCC said sometime in April 1998, Malabu Oil and gas Limited was incorporated in Nigeria with share holders namely Mohammed Sani, fronting for the late Gen. Sani Abacha, Kwekwu Amafegha representing Dan Etete, the then minister of Petroleum Resources and Hassan Hindu on behalf of Ambassador Hassan Adamu.
The anti-graft agency also stated that in the same month, the Federal Ministry of Petroleum Resources offered the company Deep Water Oil Bloc processing licence in respect of OPL 245.
It said that in June 1998, Gen Abacha died and between 1999 and 2000, the corporate status and share holding structures were uttered severally through forged board resolutions which eventually divested Mohammed Sani of their shares while new share holders and directors were appointed fraudulently.
Though, the EFCC had earlier filed charges against some of the suspects, including the immediate past Attorney-General of the Federation and Minister of Justice, Mr. Mohammed Adoke (SAN).
The additional suspects named in the application were Shell Nigeria Ultra Deep Limited, Shell Nigeria Exploration Limited, Malabu Oil and Gas Limited “and other individuals”.
The suspects, it was learnt were being investigated, “in connection with acts of conspiracy, bribery, official corruption and money laundering.”
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