Adoke, therefore, denied
allegations by the EFCC that the Malabu deal was fraudulent.
The former AGF said this in
an open letter written to his successor, Mr. Abubakar Malami
(SAN), on Sunday
titled, ‘Settlement of dispute over ownership/operation of OPL 245, between the
Federal Government of Nigeria, Shell Nigeria Ultra Deep and Malabu Oil and Gas Limited.’
The immediate past Attorney
General of the Federation, Mr Mohammed Adoke (SAN), says the $1.1bn Malabu deal
was sanctioned by former presidents Olusegun Obasanjo, the late Umaru Yar’Adua
and Dr. Goodluck Jonathan.
The EFCC had recently
charged Adoke and other international oil companies for their alleged role in
what it described as one of the biggest scam ever perpetrated against the
Nigerian people.
However, Adoke maintained
that the EFCC was being used by powerful elements like the family of the late
military dictator, Gen. Sani Abacha, to persecute him.
He said, “Out of the three
Presidents that had the opportunity to scrutinise this settlement, Presidents
Obasanjo and Jonathan are alive. Have they disowned the settlement? Has our
predecessor in office, Chief Bayo Ojo, SAN, distanced himself from the
settlement he brokered?
“I believe it is your
responsibility to explain to the public who are being sold a fiction that the
transaction started from President Olusegun Obasanjo, GCFR under whose
administration the Terms of Settlement were brokered with Chief Bayo Ojo, SAN,
as the then Attorney General who executed the Terms of Settlement before the
tenure of President Goodluck Ebele Jonathan, GCFR who approved the final
implementation of the Terms of Settlement and my humble self who executed the
resolution agreements.
“Have the honourable
ministers of Petroleum Resources and Finance at the time of the implementation
of the settlement (Mrs. Diezani Allison-Madueke, and Dr. Olusegun Aganga,
respectively), disowned the settlement or their signatures?
“It is my respectful view
that Nigerians deserve answers to these questions as it will help them and my
humble self to understand the actions and the machinations of the EFCC
masquerading to be acting in the national interest while surreptitiously
deploying state resources and machinery to promote the personal agenda of their
cohorts.”
While narrating the genesis
of the transaction, Adoke, who is currently in the Netherlands, said Malabu Oil
and Gas Limited was in 1998 allocated the OPL 245, one of the most lucrative
oil blocks in Africa.
Malabu Oil and Gas then
appointed Shell as its technical partner.
However, when Obasanjo came
into power, he revoked the licence in 2001 and then handed the licence to
Shell.
Enraged by the decision,
Malabu Oil and Gas took the matter before the House of Representatives’
Committee on Petroleum and the committee found no rational basis for the
revocation and reprimanded Shell for its complicity.
The Committee also directed
the Federal Government to withdraw OPL 245 from Shell and return it to Malabu.
Adoke added, “Malabu also
instituted Suit No. FHC/ABJ/CS/420/2003, before the Federal High Court (FHC),
Abuja, to enforce its claim to OPL 245. Although, the suit was struck out by
the FHC, Malabu lodged Appeal No. CA/A/99M/2006 before the Court Appeal, Abuja,
Division.
“During the pendency of the
appeal, an amicable settlement was entered into between Malabu and the Federal
Government and in compliance with the terms of settlement executed by the
parties on the November 30, 2006, OPL 245 was fully and completely restored to
Malabu in consideration for its withdrawal of the appeal.”
Adoke said after the
licence was returned to Malabu by the Obasanjo government, Shell took the
matter before the International Centre for the Settlement of Investment
Disputes in Washington DC, demanding $2bn from the Nigerian government for
breach of contract. It also commenced a suit against the government before the
Federal High Court, Abuja.
The former AGF said to
resolve all the contending claims in a satisfactory and holistic manner, a resolution
dated April 29, 2011 was executed wherein the Federal Government agreed to
resolve all the issues with Malabu and Shell.
He said, “In furtherance of
the resolution, Shell and ENI agreed to pay Malabu through the Federal
Government acting as an obligor, the sum of $1,092,040,000 in full and final
settlement of any and all claims, interests or rights relating to or in
connection with Block 245 and Malabu agreed to settle and waive any and all
claims, interests or rights relating to or in connection with Block 245 and
also consented to the re-allocation of Block 245 to Nigerian Agip Exploration
Limited and Shell Nigeria Exploration and Production Company Limited.”
Adoke said he did not
broker the deal but merely implemented the resolution which was a direct order
from the President.
He asked Malami to make a
public statement on the matter and exercise his power as the chief law officer
to caution the EFCC.
Punch
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