Monday 4 January 2016

Malabu Oil Prospecting Licence: Who Collected The $125Million On Behalf Of Goodluck Jonathan?



By way of a brief background, in 1998, the former convict and Abacha oil minister, Dan Etete unlawfully awarded an oil prospecting licence, OPL 245 to a company called Malabu, which he and Abacha’s son owned. Unfortunately for them Sani Abacha died two months after the award and Obasanjo who had been imprisoned by Abacha became President and subsequently revoked Malabu’s licence. Obasanjo then awarded OPL 245 to Malabu’s technical partner, Shell.

Shell and Malabu subsequently became embroiled in various legal disputes over the ownership of the licence even though neither party ever perfected their title. These disputes raged until 29 April 2011 when, through a series of back to back agreements brokered by the current Attorney General Mohammed Adoke, Malabu agreed to surrender a licence that it never owned and the Shell/Eni consortium acquired same without going through an open bidding process as required by government policy.

This murky deal was shrouded in secrecy. The Federal Government of Nigeria which awarded the licence in breach of existing government policy did not inform Nigerians of the process through which the licence was sold nor indeed how much the country earned from the sale of what was considered to be one of the most lucrative oil fields in Nigeria.

The international oil companies similarly did not tell their shareholders how much they paid or the process through which they acquired the licence. Unfortunately for all the parties to the murky secret deal, the veil of secrecy was lifted a few months after the deal was executed.

This was because some disgruntled middlemen including one Emeka Obi of Energy Venture Partners, took legal action against Malabu in the UK and US for failing to pay them for services they had rendered and the court proceedings were public.  

Eni’s response to the 2011 revelations under its then CEO Paolo Scaroni was that “negotiations and transactions of both Eni and Shell took place directly with Nigeria's Federal Government, without the use of an intermediary” [1] However, the UK court disagreed with Eni and ruled in July 2013 that Emeka Obi was indeed a middleman who was entitled to a commission of some $110 million for services rendered to Malabu in the matter of OPL 245.

The 2011 revelations also prompted a public outcry in Nigeria and elsewhere and a coalition of concerned Nigerians and international civil society groups reported the matter to criminal investigation agencies in multiple jurisdictions including the UK, Italy and Nigeria.

The Nigerian EFCC declined to investigate the matter unless the Attorney General who was a party to the deal granted his consent, but the UK and Italian authorities promptly opened separate but related investigations.

The Italian authorities commenced investigation in September 2013 and in early September 2014, it was revealed in the Italian media and elsewhere that the Italian prosecutor had successfully restrained some $190 million of funds linked to OPL 245 and that various individuals including Claudio Descalzi (the current Eni CEO), Paolo Scaroni (his immediate predecessor), Luigi Bisignani (a former convict and controversial middleman) and others including Emeka Obi were under investigation for possible fraud, corruption and bribery of Nigerian public officials.

In the wake of these damning revelations a right royal rumble fight which is threatening to drag in other combatants from near and far has broken out. In the opening skirmish on 21 September 2014, a tearful Descalzi in an interview with an Italian paper, La Repubblica [2], denounced his former boss and mentor Scaroni. Descalzi declared that he and Scaroni were no longer on speaking terms as a consequence of the OPL 245 fallout. Descalzi further muddied his predecessor declared that, “I have done well, but unlike my predecessors, I am neither a billionaire nor a millionaire.” Descalzi was even more scathing about Bisignani and protested that, "The idea of being associated with Bisignani and other middlemen with whom I have nothing to do does not make me sleep at night”.

When the interviewer asked Descalzi about the leaked transcripts of wire taped conversations purportedly between him and Bisignani, Descalzi claimed that Scaroni had invited him to his house and made him meet with Bisignani during early discussions on acquiring OPL 245. Descalzi also claimed that subsequent conversations with Bisignani were made from Scaroni’s phone.

The nub of Descalzi’s defence would appear to be that he had nothing to do with any murky plans to use unscrupulous middlemen like Bisignani to acquire OPL 245 and any interactions with the disreputable Bisignani had been forced on him by his then boss Scaroni who was a longstanding and close associate of Bisignani.

On 22 September 2014, in an interview with Il Fatto Quotidiano[3], Bisignani provided a scathing rebuttal to Descalzi’s La Repubblica interview. In his interview Bisignani described Descalzi as an ungrateful man who had turned on his mentor, Scaroni. Bisignani also denounced Descalzi as someone who was lacking in courage and whose tears were the crocodile tears of a man who was probably on the verge of a nervous breakdown.

Bisignani painted a picture of Descalzi as someone who would often call him for advice or to provide information and seemed keen to make his acquaintance at the time. Bisignani claimed that it was a matter of regret that Descalzi was now seeking to throw mud at him when he had been a good friend to Descalzi.
Bisignani seemed to be unaware of the fact that by professing in the interview to have been a middleman in the OPL 245 deal he was directly contradicting the Eni/Scaroni position that no middlemen were involved in the deal.

Bisignani went on to proclaim that there was nothing unlawful about the role that he had played in the deal alongside Obi and his partner, Gianluca di Nardo for which they all deserved to be remunerated.

Bisignani further asserted that Descalzi who had for years been the Head of Eni in Lagos undertook to adopt the proposal that the middlemen had put forward. It should be noted that the proposal that Bisignani was referring to was a proposal to inflate the price (which was known as the Agreed Malabu Price) that Eni would pay directly to Malabu for OPL 245 by some $200 million.

The AMP plus any excess would be paid to Obi as the middleman and, he would retain any excess as his fee and pass the AMP to Malabu. It is the excess that Bisignani felt he and others were right to share in.

Bisignani signed off his interview by asserting that Descalzi’s reported claim that he no longer answered Scartoni’s call was a shame and untrue.

On the same 22 September 2014, Descalzi wrote a short letter to La Repubblica in response to the article the day before. In his letter, Descalzi said that it was incorrect to claim that Scaroni decided everything about the Nigerian deal as the article had suggested and that it was also incorrect to claim that he had not spoken on the phone to Scaroni for months.

Therefore, the reasonable conclusion to draw from Descalzi’s letter is that he does not dispute any other aspects of the article including his reported claim that Scaroni who had amassed millions and possibly billions during his time at the helm of Eni was a longstanding associate of the unscrupulous ex-convict Bisignani. Descalzi would also appear to agree that despite Eni and Scaroni’s claims to the contrary, Eni did use middlemen in its efforts to acquire OPL 245.

One Luigi Zingales, an independent member of the Eni board would also appear to have joined in the fight and royal rumble. This is because in the wake of the revelations about Descalzi being under investigation, the Italian Prime Minister Matteo Renzi who removed Scaroni and installed Descalzi jumped to Descalzi’s defence.

The La Repubblica article also revealed that Zingales deemed Renzi’s actions to be “reckless” and considered resigning in protest but was prevailed upon to remain. This would suggest that Descalzi does not enjoy the full support of the Eni board and shareholders.

The apparent disaffection amongst shareholders and board members is likely to grow as the seriousness of the allegations and the weight of the evidence against Descalzi and Eni begins to crystallise the prospect of severe sanctions across multiple jurisdictions including the US where Eni is registered with the SEC and Nigeria where the House of Representatives has called for the licence to be revoked.

The Eni board and shareholders will be acutely aware that Eni’s interests may be better served by getting rid of the indicted officials and coming clean with the investigating authorities in order to mitigate any possible sanctions.

While the main protagonists are busy fighting and rolling around in the roforofo who will tell them that they are gradually becoming indistinguishable from one another. It would appear that one or more of them are on the verge of giving up the fight to negotiate a deal as a witness for the prosecution. The odds would be on the tearful Descalzi to turn first.

As the Italian combatants begin to spread the fight further and wider, who will protect the Nigerian Presidency from the mud that is being flung from Italy and elsewhere as a result of the murky deal that the Attorney General and the Oil Minister made?

[1] “Eni says no intermediary used to obtain licence award in Nigeria Paolo Scaroni not involved in any way regarding the inquiry on Wind”, ENI, 24 June 2011,
[2] “La rabbia di Descalzi: "Non ho mai preso soldi, in Nigeria decise Scaroni", 21 September 2014, La Repubblica available at http://www.repubblica.it/economia/2014/09/21/news/la_rabbia_di_descalzi-96313391/
[3] “Eni, Bisignani: “Descalzi? Da lui lacrime di coccodrillo, deve tutto a Scaroni”, 22 September 2014, Il Fatto Quotidiano, available at

No comments:

Post a Comment