Mohammed Abacha Heads To Supreme Court To Challenge Court Of Appeal Judgement On Controversial OPL 245 Oil Block
Mohammed Abacha, son of the late former military ruler Sani Abacha, has taken steps to challenge the recent ruling of the Court of Appeal which dismissed his attempt to reclaim ownership of the highly contentious OPL 245 oil block.
Abacha’s legal team, led by Reuben Atabo (SAN), has filed a motion at the Court of Appeal seeking leave to appeal the May 23, 2025 judgment at the Supreme Court. The legal move marks another chapter in the long-running legal saga over the oil block initially awarded to Malabu Oil and Gas Ltd, a company Abacha claims to control.
Malabu had filed a suit at the Federal High Court to challenge the reallocation of OPL 245 to Shell and Agip after the Nigerian government brokered a $1.1 billion deal in 2011 for the oil companies to acquire the block. However, Agip objected to the suit, claiming it was statute-barred and procedurally defective.
While the trial court initially dismissed Agip’s preliminary objection, the Court of Appeal overturned that ruling, holding that the lower court failed to address key issues raised, including fair hearing, abuse of court process, and whether the case was filed outside the statutory three-month limit for such matters.
Justice Hamma Akawu Barka, delivering the lead judgment, ruled in favour of Agip and set aside the earlier decision of Justice Binta Nyako of the Federal High Court.
In the motion dated June 4, 2025, Abacha’s team is asking for permission to appeal the appellate court’s decision on grounds involving mixed law and fact. The application also seeks leave to raise fresh legal issues in the Supreme Court, particularly relating to several key grounds outlined in the proposed notice of appeal.
In an affidavit deposed by Edwin John, the applicant argued that the appeal raises substantial questions of law with a real possibility of success, stressing that refusing the motion would permanently deny the applicant his constitutional right to appeal.
“It is in the interest of justice to grant this motion, especially as the respondents shall not in any way be prejudiced,” the affidavit read.
The OPL 245 case has spanned over two decades, attracting global attention. Initially awarded in 1998 to Malabu Oil during the regime of General Sani Abacha, the block is believed to contain one of Africa’s richest untapped oil reserves.
The 2011 sale of the block to Shell and Eni sparked international outcry over alleged corruption and bribery involving Nigerian officials. Despite multiple investigations and trials across several jurisdictions—including Italy, the UK, and the U.S.—no convictions have been secured.
Nigeria has also suffered a string of legal defeats, including the $1.7 billion loss to JP Morgan in 2022 and the withdrawal of a $1.1 billion suit against Shell and Eni in 2023. In March 2024, former Attorney-General Mohammed Bello Adoke, who supervised the 2011 deal, was cleared of all charges by an Abuja high court.
Adoke has consistently maintained that the Abacha family orchestrated legal challenges against him over claims they were “short-changed” in the deal.
