The Observer: How Private jet, armoured cars were bought with Malabu deal ‘bribes’

Tens of millions of dollars was wired to buy a private jet and armoured cars in the US from the controversial $1.3 billion sale of OPL 245, the Sunday Observer of London has reported, quoting court documents.

In the deal struck in 2011, only $210 million of the sum went into government coffers as “signature bonus” — the rest was paid to Malabu Oil and Gas, mainly owned by Dan Etete, who, as petroleum minister in 1998, had awarded the lucrative licence to himself.

OPL 245 is a huge oil block offshore estimated to contain 9.3bn barrels of crude — enough to power the whole of Africa for seven years.

The sale to Malabu was nullified by President Olusegun Obasanjo in 1999 and it was assigned to Shell without a public bid.

Ownership was suspiciously reverted to Malabu thereafter, leading to legal action by Shell who later resorted to negotiating directly with Etete after President Goodluck Jonathan assumed office in 2010.

A year later, the $1.3bn deal was struck, with Malabu getting $1.1 billion from Shell and Eni to its transfer ownership, while the signature bonus was paid to Nigeria.

Signature bonus is a one-time fee for the assignment and securing of a licence.

Money trail

A joint investigation by the Observer and journalists from Finance Uncovered, a non-profit organisation based in London, has called to question Britain’s commitment to tackling high-end money laundering through the City of London as evident in the Malabu deal.

A $800m bank transfer to Etete, convicted of money laundering in France in 2007, successful went through the system in what the British newspaper calls “proceeds from one of the most corrupt deals in the history of the oil industry”.

Prosecutors in Milan believe two payments of $400m each were wired through JP Morgan in London as the spoils of the deal.

The newspaper reported that “more than half the money was converted into bags of bribe cash via bureaux de change in Nigeria, while tens of millions was wired to buy a private jet and armoured cars in the US, according to documents compiled by the prosecutors”.

The astonishing allegations were made by an Italian prosecutor, Fabio de Pasquale, whose previous scalps include former Italian leader Silvio Berlusconi.

In Nigeria, the Economic and Financial Crimes Commission (EFCC) has filed charges against Shell and Eni, and attorney-general at the time of the deal, Mohammed Adoke.

N255m Armoured Cars: Court Refuses To Stop Oduah’s Arrest

A Federal High Court in Abuja on Wednesday dismissed an application by a former Minister of Aviation, Stella Oduah, asking ?for an order stopping the Economic and Financial Crimes Commission and the police from arresting her with respect to ongoing investigation into corruption allegation against her.

Oduah had filed the fundamental rights enforcement suit, asking the court to prohibit the Attorney-General of the Federation’s office, the EFCC, and the police from “inviting, arresting, investigating or prosecuting” her over the purchase of two armoured BMW vehicles at a cost of N255m by the Nigerian Civil Aviation Authority under her watch as the Aviation Minister in 2013.

A similar fundamental human rights enforcement suit filed by the former minister, who is now a
Senator representing Anambra North, was earlier struck out by Justice Okon Abang, then sitting in the Lagos Division, on February 17, 2016, for want of territorial jurisdiction.

Justice Abdu Kafarati in his judgment on Wednesday, upheld the objection raised by the respondents, to the effect that the court lacked the requisite jurisdiction to hear the case because the prayer sought in it was outside the ambit Chapter 4 of the Constitution which captured enforceable rights of persons.

He held that that no court had the power to stop security agencies from carrying out their duty of investigation.

He also said such prayer could not constitute a fundamental rights action.

He said it was in the interest of a person suspected of crimes to be invited by the investigating agency so that the suspect could give his or her own side of the story.

He added that the suit did not disclose any reasonable cause of action.

He said, “It is not grantable by this court because the court cannot stop security agencies from carrying out their duties. There is no way a person can be investigated without being invited by (the) body charged with the responsibility of investigation.

“In most cases, the invitation is even in the interest of the invitee because he or she will have the opportunity of giving his or her side of the story.

“I therefore hold that the application seeking to stop security agencies from inviting, investigating, arresting and/or prosecuting any person suspected to have committed an offence does not constitute a fundamental right action.”

Oduah had argued that the criminal allegations leveled against her as minister had been investigated by the EFCC and the House of Representatives’ Committee on Aviation, which both absolved her of any wrong doing.

She had maintained that the investigation was going to be used as tool for political persecution against her.

Source: Punch