An Italian appeals court in Brescia on Thursday upheld an eight-month prison sentence for two Milan prosecutors, Fabio De Pasquale and Sergio Spadaro, accused of withholding documents that could have aided oil major Eni’s defence in a high-profile corruption case involving Nigeria’s OPL 245 oilfield.
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The court found that the prosecutors failed in their legal obligation to submit evidence favourable to the defence during the trial, which also involved Shell. The withheld evidence included a video recorded by a former Eni lawyer deemed relevant to the case.
Before the verdict, Spadaro maintained that there was “no refusal” or “omission,” insisting that he and De Pasquale acted “according to conscience and law.” Their lawyer, Massimo Dinoia, stated that the prosecutors intend to appeal the decision to Italy’s highest court, the Court of Cassation, and will remain in office while the appeals process continues.
The OPL 245 oilfield saga dates back decades. In April 1998, Nigeria’s federal military government awarded the oil block to Malabu Oil and Gas Ltd, largely owned by Mohammed Abacha, son of the late military ruler Sani Abacha, and former petroleum minister Dan Etete.
In 2001, President Olusegun Obasanjo revoked Malabu’s licence and assigned the block to Shell without a public bid. Malabu later regained ownership in 2006 after an out-of-court settlement with the federal government.
Shell initiated arbitration against Nigeria, but under President Goodluck Jonathan in 2010, a resolution was reached: Shell and Eni acquired the oil block from Malabu for $1.1 billion, alongside a $210 million signature bonus to the Nigerian government.
Activists and civil society groups have since alleged that the OPL 245 deal involved fraud and bribery of government officials. In March 2021, a Milan court acquitted Eni, Shell, and several individuals of corruption in the $1.3 billion acquisition, a verdict upheld on appeal and finalized in 2022. The Nigerian government expressed surprise and disappointment at the ruling, considering potential legal recourse.
In Nigeria, the federal government also withdrew its $1.1 billion civil case against Shell and discontinued a similar suit against Eni in 2021. Former Attorney General Mohammed Adoke faced trial in connection with the allegations but was discharged and acquitted by the Federal High Court in Abuja.
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