‘Eni knew bribes would be paid’, ‘Adoke confronted officials over kickbacks’ — OPL 245 trial continues in Italy
Trial continued in an Italian court on Wednesday over the controversial $1.3 billion OPL 245 deal between Shell, Eni-Agip and Malabu in 2011, with a star witness alleging that Eni-Agip officials knew that bribes would paid to Nigerian politicians.
Vincenzo Armanna, former Eni manager and defendant in the corruption trial, also informed the court that Mohammed Bello Adoke, former Nigerian attorney-general, told Eni officials that they were at the risk of being arrested because they were negotiating kickbacks.
The defendant said there were suspicions and unease over the involvement of Emeka Obi in the negotiations. Obi has since been jailed for corruption in the OPL 245 affair.
Armanna is accused of having benefited from alleged kickbacks from the deal, although he said the $1.2 million he collected from Bayo Ojo, the former Nigerian attorney-general, was an “inheritance”.
Ojo was the attorney-general when the federal government reached an out-of-court settlement with Malabu in 2006 and agreed to return the oil block to the Nigerian company.
Meanwhile, Fabio De Pasquale, the Italian prosecutor, also told the court in Milan on Wednesday that Eni tried to “tamper” with Armanna to withdraw some statements he made during investigations.
THE OPL 245 SAGA
In 1998, the federal military government awarded OPL 245 to Malabu Oil and Gas Ltd, which was said to be owned mainly by Mohammed Abacha, son of the Sani Abacha, and Dan Etete, who was the petroleum minister at the time.
In 2001, President Olusegun Obasanjo revoked Malabu’s licence and assigned the oil block to Shell — without a public bid. Malabu went to court, and ownership was reverted to it in 2006 after it reached an out-of-court settlement with the federal government.
Shell fought back and commenced arbitration against Nigeria, but when President Goodluck Jonathan came to power in 2010, the controversy appeared to have been resolved with Shell and Eni agreeing to buy the oil block from Malabu for $1.1 billion.
The oil companies also paid $210 million as signature bonus to the federal government of Nigeria.
Both payments were made to the federal government account at JP Morgan, London, from where Malabu’s share was transferred to Nigerian bank accounts of Abubakar Aliyu, owner of AA Oil Ltd.
However, investigators are trying to establish that the bulk of the payment to Malabu was distributed as kickbacks and that the IOCs were in the know of the alleged sleaze — a charge they denied.
WEDNESDAY’S PROCEEDINGS
Barnaby Pace, a campaigner with London-based Global Witness which has been working on the OPL 245 deal for a decade, tweeted Armanna’s testimony in court.
Here are the highlights of his tweets
1/ Today in Milan is the hearing of ex-Eni manager Vincenzo Armanna, a defendant in the Shell/Eni OPL 245 trial. Armanna has accused his former colleagues of knowing that bribes would be paid to Nigerian officials and planning kickbacks for themselves. All deny wrongdoing. pic.twitter.com/W5IUagBzSD— Barnaby Pace (@pace_nik) July 17, 2019
2/ Armanna is both an accuser of Eni's current and former CEOs (both defendants in the case) and is also accused of receiving part of the alleged kickbacks from OPL 245. Armanna received $1.2m from Bayo Ojo, the former Nigerian Attorney General. He says it was an inheritance.— Barnaby Pace (@pace_nik) July 17, 2019
3/ Prosecutors allege in court filings that Armanna had links with Dan Etete, attended negotiations with former Attorney General Mohamed Adoke and “was fully aware of the destination of a large part of the sums paid by ENI to political sponsors of the operation”— Barnaby Pace (@pace_nik) July 17, 2019
5/ Also note defendants giving testimony in Italy aren’t obliged to tell the truth. In the related trial of two middlemen the judge found Armanna’s testimony while useful could not always be believed and his statements were sometimes contradictory. https://t.co/dNoRjzir2B— Barnaby Pace (@pace_nik) July 17, 2019
6/ New evidence has been submitted into the trial. Eni's former external lawyer Piero Amara has publicly accused Eni's new head of Legal Affairs of trying to "neutralize" Armanna's statements because they saw Descalzi as likely to be convicted. https://t.co/t3e54DCILu— Barnaby Pace (@pace_nik) July 17, 2019
7/ The Amara evidence was submitted the day before yesterday afternoon by prosecutors. Eni is asking for a delay in proceedings so they can investigate these new allegations that Eni tried to interfere with the proceedings.— Barnaby Pace (@pace_nik) July 17, 2019
8/ Eni CEO Descalzi's personal lawyer, former Justice Minister Paola Severino, is now picking up the Eni argument complaining they haven't had time to digest this new evidence and that newspapers were already printing the contents this morning. "We love transparency... but"— Barnaby Pace (@pace_nik) July 17, 2019
8/ Eni CEO Descalzi's personal lawyer, former Justice Minister Paola Severino, is now picking up the Eni argument complaining they haven't had time to digest this new evidence and that newspapers were already printing the contents this morning. "We love transparency... but"— Barnaby Pace (@pace_nik) July 17, 2019
9/ For context for non-Italian readers Reuters reported on the Italian investigation into the alleged obstruction of the OPL 245 case a few days ago. Amara has already pleaded guilty, he now says he acted on the instructions of Eni's Legal Chief. https://t.co/JcK4eRM8xR— Barnaby Pace (@pace_nik) July 17, 2019
10/ The prosecutor says that there is evidence that there were attempts to influence a witness and that people approached Armanna, trying to intimidate him into withdrawing his evidence. This is important evidence for the court and defendants to know about.— Barnaby Pace (@pace_nik) July 17, 2019
12/ Descalzi's lawyer had mentioned that her client is the CEO of Italy's most important company, the prosecutor says he won't comment on the arguments of national importance of this issue but that it is important that facts can be put to witnesses.— Barnaby Pace (@pace_nik) July 17, 2019
Follow this link to read complete THREAD ON TWITTER31/ Armanna explains that Etete was often referred to as "The fat man", Jonathan as "Fortunato" and Diezani Alison Madueke as "La Senora" and the project to buy OPL 245 was called "Clear Vision".— Barnaby Pace (@pace_nik) July 17, 2019
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