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Malabu scandal: Abacha’s son, Fasawe reveal how details of $1.1bn was shared

– The details of how $1.1bn scandal was shared has been revealed

– Former Head of State, Sani Abacha’s son, Muhammed and Fasawe have also given the details of the deal

– A Federal High Court in Abuja had fixed April 3 for the arraignment of those involved in the scam

Court processes which have not been verified, have shown details of how the $1.1 billion paid by Shell Nigeria Ultra-Deep (SNUD) Ltd, Shell Nigeria Exploration and Production Company (SNEPCO) Ltd and Nigerian Agip Exploration (NAE) Ltd to the federal government in 2011 for the purchase of Oil Prospecting Licence (OPL) 245 originally held by Malabu Oil and Gas Limited was shared by some prominent Nigerians, This Day has reported.

Malabu scandal: Abacha’s son, Fasawe reveal how details of $1.1bn was shared

Muhammed Abacha

This is just as a Federal High Court in Abuja has fixed April 3 for the arraignment of the former Attorney General of the Federation (AGF) and Minister of Justice, Mr Mohammed Adoke, a former Minister of Petroleum Resources, Chief Dan Etete, and others charged with various alleged offences for their roles in the transaction.

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ZENITHBLOG.com gathered that according to court papers, a son of the late military Head of State, Sani Abacha, Mohammed, and a known associate of former President Olusegun Obasanjo, Oyewole Fasawe, gave details of how OPL 245 was allegedly taken from them and sold to the SNUD, SNEPCO and NAE consortium in 2011.

They also provided insight into how the $1.1 billion paid by the consortium for OPL 245, which was facilitated by the Nigerian government, was shared by some prominent individuals, without the knowledge and involvement of a majority of the actual owners of Malabu Oil.

Abacha and Fasawe equally gave details, in their joint plaintiffs’ statement of claims, in a suit they recently filed at the Federal High Court, Abuja, of the roles allegedly played by former Ministers of Petroleum, Justice and Finance – Etete, Adoke and Yerima Lawal Ngama, respectively – in the transaction leading to the sale of OPL 245 and the lodgment of the proceeds from the deal in the federal government’s escrow account.

The Economic and Financial Crimes Commission (EFCC), in a court document filed earlier this year, had stated among other things that Malabu Oil was incorporated in Nigeria sometime in April 1998 with shareholders, namely: Mohammed Sani (fronting for the late Gen. Sani Abacha), Kwekwu Amafegha (representing Dan Etete, then Minister of Petroleum Resources) and Hassan Hindu (on behalf of Ambassador Hassan Adamu.)

The commission stated that in the same month, the Ministry of Petroleum Resources offered Malabu Oil a deepwater oil block processing licence in respect of OPL 245.

EFCC said that upon the death of Gen. Abacha in June 1998 and between 1999 and 2000, the corporate status and shareholding structure of Malabu Oil were altered severally through forged board resolutions, which eventually divested Mohammed Sani of his shares while new shareholders and directors were appointed fraudulently.

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In their court documents filed on March 20, 2017, Abacha and Fasawe, who claimed to own a 70 per cent stake in Malabu Oil, said they were fraudulently divested of their shares.

The suit has Malabu Oil and Gas Ltd, Mohammed Sani and Pecos Energy Ltd as plaintiffs, with Kweku Amafegha, Munamuna Seidougha, Amaran Joseph, Corporate Affairs Commission (CAC), Shell, Agip, Federal Government of Nigeria (FGN), AGF, and the Petroleum Minister as defendants.

The plaintiffs stated that at inception, Malabu Oil’s equity holding of 20 million was shared among its initial subscribers thus: Mohammed Sani: 10 million (equivalent of 50 per cent), Kweku Amafegha: 6 million (30 per cent) and Hassan Hindu: 2 million (20 per cent).

They said Hindu’s 20 per cent was later bought in 2000 by Fasawe through his company, Pecos Energy Ltd.

Malabu scandal: Abacha’s son, Fasawe reveal how details of $1.1bn was shared

Chief Oyewole Fasawe

They stated that while Abacha was imprisoned between 1999 and 2002 and could not actively participate in the affairs of Malabu Oil, Chief Dan Etete (also known as Chief Dauzia Loya Etete), the consultant to the first plaintiff (Malabu Oil) whose function was in an advisory capacity, took over the first plaintiff’s books, documents and records in the absence of the second plaintiff (Mohammed Sani) without any mandate to do so.

“The said transaction was carried out through a series of agreements signed and dated between 29th and 30th April 2011 by Seidougha Munamuna purportedly acting as a director of the first plaintiff and Mr. Rasky Gbinijie purportedly acting as company secretary of first plaintiff, with the fifth, sixth and seventh defendants – Shell, Agip and FGN.”

The plaintiffs said: “Following the execution of the several agreements, $1,092,000,000.00 was paid into a Federal Republic of Nigeria Domiciliary Escrow Account No: 41454193 domiciled in JP Morgan Chase Co., London to be passed to the first plaintiff as consideration for the alleged surrender of its asset – OPL 245.

“On 16th August 2011, the FGN through the then Minister of State for Finance, Dr. Yerima Lawan Ngama and the AGF, Mohammed Bello Adoke (SAN) instructed the release of the money from the said Domiciliary Escrow Account of the FGN in the following manner: $401,540,000 paid into Account No: 2018288005 purportedly belonging to the first plaintiff in First Bank of Nigeria Plc, and $400,000,000 paid into supposed first plaintiff’s account No: 3610042472 with Keystone Bank Limited.

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“Out of the $1,092,000,000.00, the sum of $801,540,000 was paid into the first plaintiff’s account with First Bank of Nigeria Plc and Keystone Bank Limited allegedly opened and run by the first plaintiff, yet Chief Dauzia Loya Etete (aka Chief Dan Etete) is the sole signatory to the two accounts.”

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