Justice John Tsoho of the Federal High Court sitting in Abuja on Thursday ordered an interim forfeiture of Oil Prospecting Licence 245, otherwise known as Malabu Oil, to the Federal Government.
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 to manage the OPL 245 on behalf of the Federal Government of Nigeria.
The Economic and Financial Crimes Commission had approached the court following controversies and allegations of fraud associated with the licencing of the oil bloc.
In a 21-paragraph affidavit, sworn to by one Ibrahim Ahmed, attached with an Exparte Originating summons, the commission stated that the properties attached are proceeds of crime that should be forfeited to the Federal Government of Nigeria.
The EFCC stated that the commission had taken the steps in public interest in view of the crimes and fraud against the economic interest of the Federal Government of Nigeria.
It said that sometime in April 1998, Malabu Oil and Gas Limited was incorporated in Nigeria with shareholders, namely Mohammed Sani, fronting for the late Genersl Sani Abacha; Kwekwu Amafegha, representing Dan Etete, the then Minister of Petroleum Resources; and Hassan Hindu on behalf of Ambassador Hassan Adamu.
It also stated that in the same month, the Federal Ministry of Petroleum Resources offered the company Deep Water Oik Bloc Processing Licence in respect of OPL 245.
That in June 1998, General Abacha died and between 1999 and 2000, the corporate status and shareholding structures were uttered severally through forged board resolutions, which eventually divested Mohammed Sani of his shares, while new shareholders 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, Mohammed Adoke, the order obtained by the EFCC on Thursday appeared to set the stage for prosecution of more suspects.
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 claim is that the suspects were being investigated “in connection with acts of conspiracy, bribery, official corruption and money laundering”.
The EFCC had on December 20, 2016 charged nine suspects, including Adoke, with respect to the alleged $1.1 billion scam.
Other accused persons named in the charges filed by the EFCC before a Federal High Court in Abuja were Etete, Aliyu Abubakar, Malabu Oil & Gas Limited, Rocky Top Resource Limited, Imperial Union Limited, Novel Properties & Development Company Limited, Group Construction Limited, Megatech Engineering Limited.
The anti-graft agency, in the charges with suit number,FHC/ABJ/CR/268/2016, accused Adoke of illegally transferring over $800 million purportedly meant for the purchase of the OPL 245 to Etete, Malabu Oil & Gas Limited from a Federal Government account.
The EFCC also accused Aliyu, an oil magnate, who is the Chairman of A. A. Group and Rocky Top Services, of receiving $336,456,906.78.
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