Another dent on Nigeria's anti-corruption war
The Dan Etete story is just one more humiliation, out of several, that successive corruption-complicit regimes have foisted on the country. By his own confession, the former Minister of Petroleum Resources committed sundry crimes against his country, yet, he is not standing any trial. Conversely, over the same issues, Etete was convicted and sentenced to three years imprisonment in Paris in 1997, for aggravated money laundering. To make matters worse, the current Minister of Justice and Attorney-General (AG) of the Federation, Mr. Mohammed Adoke, in 2011, aided Mr. Etete to claim a staggering $1.1 billion from a smelly oil deal, which an associate of President Goodluck Jonathan, and several other top officials, allegedly benefited from.
The putrid and sordid tales of Mr. Etete and his company, Malabu Oil and Gas Ltd. started in 1995, while he was Minister of Petroleum Resources under the General Sani Abacha regime. As a minister, he was accused by major oil companies of demanding huge kick-backs from oil companies, before they could renew their licenses or win any oil contract. He also awarded one of the most endowed oil wells, OPL 245, to Malabu, which he originally co-owned with Mohammed Abacha, few days after it was formed, for $20 million, out of which the company paid only $2 million. When, however, Abacha died, and Olusegun Obasanjo became President, the Federal Government took back the ill-gotten oil well in 2001, and subsequently re-awarded it to Shell Petroleum in 2002.
Malabu contested the re-allocation in court, and petitioned the House of Representatives, which, strangely, decided the matter in its favour. The Obasanjo government subsequently restored Malabu’s rights in 2006, and the benefiting oil majors in turn resorted to international arbitration and the courts. To justify his questionable part in the deal, the Minister of Justice claimed that the Federal Government acted as an ‘obligor’ to resolve the dispute in 2011, for which Malabu received the sum of $1,092,040,000, for the same oil block that the company made a paltry down payment of $2 million in 1995. Mr. Adoke, however, did not tell Nigerians what happened to the huge rip-off, paid by the oil companies to Malabu; a sum that ordinarily would have been paid directly to Nigeria’s coffers, instead of a self-serving, personal company of Mr. Etete.
According to Mr. Etete in his defence before the French court, what he received was what he called ‘sponsors fee’, stating boldly that it was a common practice in the petroleum sector. He stated in 2002 that what happened under him had been happening before, and was still happening in the industry. To our common shame, the French court found him culpable and punished him for money laundering. His claim that corrupt inducement is a common practice in the industry has been confirmed as recently as in 2011, under the watch of President Jonathan; with the deal that his Attorney-General helped Mr. Etete to perfect. According to the findings of several foreign agencies, various companies subsequently shared the loot paid to Mr. Etete.
One of the alleged beneficiary companies belonged to one Abubakar Aliyu, who is closely associated with Mr. Diepreye Alamieyeseigha, former President Musa Yar’Adua and President Jonathan. Other companies which had no working relationship with Malabu also received large chunks of the money paid by Shell and ENI to Malabu. To justify these payments, Mr. Etete claimed that: ‘Malabu shareholders decided to spend their money the way they deemed fit’. He claims he only got $250 million from the deal. On his part, the Attorney-General, in defence said: "from the foregoing, the role played by the Federal Government, its agencies and officials in relation to Block 245 was essentially that of facilitator of the resolution of a long-standing dispute over the ownership and right to operate Block 245."
Interestingly, the Economic and Financial Crimes Commission (EFCC), before it decided to stay clear of the trail of the Malabu filthy lucre had reported: ‘Investigations conducted so far reveal a cloudy scene associated with fraudulent dealings. A prima facie case of conspiracy, breach of trust, theft and money laundering can be established against some real and artificial persons." Yet, the anti-corruption agency opted not to pursue the money to its ultimate destination, despite its finding that crimes have been committed against the state.
It is also worrisome that the previous House of Representatives could urge the Federal Government to restore the ownership of Malabu over Block 245, when it conducted its investigation, despite the glaring criminality. The greatest tragedy, however, is the possibility that a minister could award such a humongous national resource to himself.
All said, however, there is the need to bring the culprits to justice.
