Oil & Gas
THE Italian Supreme Court has overturned the convictions of two prosecutors involved in the high-profile OPL 245 oil block case, reopening debate over the controversial prosecution of oil giants Eni and Shell.
The ruling, delivered on June 18, cleared prosecutors Fabio de Pasquale and Sergio Spadaro of allegations that they failed to perform an official duty during the Milan trial involving alleged bribery in the acquisition of Nigeria’s OPL 245 oil field.
A coalition of civil society organisations comprising Corner House (UK), Hawkmoth (Netherlands), Human and Environmental Development Agenda (HEDA) Nigeria, and ReCommon Italy, announced the development in a statement issued on Tuesday.
According to the groups, the Supreme Court ruled that “the facts do not exist”, effectively finding that the prosecutors had no case to answer and that their convictions by lower courts were unlawful.
The organisations described the ruling as a vindication of the prosecutors, who had consistently maintained their innocence.
They argued that the judgment undermined claims by some parties, including former Attorney-General of the Federation, Mohammed Adoke, and associates of Eni and Shell, that the prosecutors’ earlier convictions supported arguments that no bribes were paid in the OPL 245 transaction.
The groups called on those who made such claims to retract their statements and issue public apologies.
They further alleged that the prosecution of the Milan prosecutors bore the characteristics of a politically motivated campaign that weakened anti-corruption enforcement efforts in Italy.
According to them, the disciplinary actions and criminal convictions against the prosecutors had the effect of limiting prosecutorial discretion and making future anti-corruption prosecutions more difficult.
The organisations said the Supreme Court ruling had opened a new phase in the long-running OPL 245 controversy.
They disclosed that the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery had previously assured non-governmental organisations that it would investigate allegations of political interference in Italy’s handling of the OPL 245 case after the conclusion of proceedings against the prosecutors.
The groups noted that the OECD Working Group had earlier expressed concerns that the acquittal of Eni, Shell and other defendants in the OPL 245 trial was inconsistent with the OECD Anti-Bribery Convention.
They argued that any finding of political interference could place Italy in violation of Article 5 of the convention.
The organisations also cited previous convictions of individuals linked to Eni over efforts to allegedly influence or undermine investigations into the OPL 245 transaction.
They claimed that available evidence suggested attempts were made to weaken the prosecution, discredit investigators and reduce the effectiveness of anti-corruption units within the Milan Prosecutors’ Office.
The groups further alleged that several procedural decisions taken during the handling of the case appeared to favour outcomes beneficial to the defendants and weakened the prosecution’s position during appeals.
They pledged to continue engaging the OECD Working Group to ensure a thorough examination of the allegations.
“The OPL 245 saga is far from over,” the organisations stated.
The OPL 245 case centres on the 2011 acquisition of the Nigerian oil block by Italian energy company Eni and Anglo-Dutch oil giant Shell.
The transaction, valued at about 1.3 billion dollars, has generated years of legal disputes and corruption allegations in Nigeria, Italy and other jurisdictions.
While courts in Italy ultimately acquitted the companies and several individuals accused in the case, anti-corruption groups have continued to challenge aspects of the judicial process and its implications for international anti-bribery enforcement.
F.O
Tags: OPL 245 Prosecutors