Oil Prospecting Licence (OPL) 245 covers a defined deep-water offshore area (over 1,000 m bsl), approximately 150 km off the Niger Delta.
OPL 245 does not grant the right to exploit any acreage, but provides an opportunity to explore the area. This activity required significant investments – amounting to several hundred million euros – and will require further investments worth billions over a number of years to come before having any chance to proceed with full-scale oil production activities. To date, not a single oil barrel has been drilled.
The acquisition of OPL 245 Block by Shell and Eni has been the subject of incorrect and speculative interpretations since 2011. In particular, there are at least seven incorrect aspects dealt with both by NGOs - which filed petitions with the Court and the Supervisory Authorities, and by certain news media.
These interpretations are intended to contest Eni’s probity and transparency. Here below, we will demonstrate, through objective and documentary evidence, that Eni acted in full compliance with the law and the company procedures.
The rightness of Eni’s behaviour has been confirmed by the Court of Milan, which on 17 March 2021 acquitted Eni, its chief executive Claudio Descalzi and the management team involved in procedures relating to the OPL 245 affair on every count, stating that the case was unfounded.
From the acquisition of the bloc to the role of the three NGOs, with fact-checking of the main points: below is the whole truth about the OPL 245 affair.
The Corner House and Global Witness and the investigations into the acquisition of the block by Eni and Shell. The outcome of the petitions.
Fact checking of the 7 key facts regarding Block 245
Documentary evidence debunks the “news” that has been circulating about this case.
OPL 245 brings great benefits to Nigeria
As shown by OpenEconomics research centre the development of the block would bring significant economic and social benefits to the Nigerian population. IT IS A FALSE CLAIM to state that they would be impoverished by the operation.
The cost of the operation was fair and reasonable
The price was reasonable and appropriate to the characteristics of OPL 245, the terms of the contract, and the development recorded on the oil market over time. IT IS A FALSE CLAIM to state that the cost was inflated.
Eni made the payment directly to the government
Eni paid the agreed amount to the Nigerian government pursuant to a legitimate contract entered into therewith. IT IS A FALSE CLAIM to state that Eni made illegal payments to Malabu.
Eni was unaware of how Malabu
Eni was not obliged to be aware, nor was it aware, of the use and the beneficiaries of the funds Malabu had received from the Nigerian Government. IT IS A FALSE CLAIM to state that Eni was aware of Malabu’s.
Emeka Obi did not act on behalf of Eni
The broker acted on behalf of Malabu, not of Eni. IT IS A FALSE CLAIM to state that Eni made use of a concealed broker.
Eni’s senior management received no bribe
The charges were disproven by witnesses and experts in court, as well as by the Guardia di Finanza back in 2016. IT IS A FALSE CLAIM to state that Eni’s senior managers collected the alleged bribes.
Eni complied with the audit procedures
In the operation Eni complied with its internal policies and international best practices and carried out all accounting and industrial checks. IT IS A FALSE CLAIM to state that Eni infringed the audit procedures.
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