Mohammed Abacha Heads to Supreme Court Over OPL 245 Loss
Mohammed Abacha, son of the late military ruler Sani Abacha, is taking his legal battle over the disputed OPL 245 oil block to the Supreme Court, following a recent setback at the Court of Appeal.
His legal team, led by Reuben Atabo, has approached the appellate court with a motion seeking permission to challenge its May 23 judgment, which dismissed Abacha’s attempt to reclaim ownership of the lucrative oil block through Malabu Oil and Gas Ltd.
The dispute traces back to a lawsuit Malabu filed at the Federal High Court, contesting the federal government’s reallocation of OPL 245 to oil giants Agip and Shell. But Agip’s lawyers, led by Babatunde Fagbohunlu, challenged the case, arguing it was filed too late—beyond the legally allowed timeframe.
Though a Federal High Court initially ruled in Malabu’s favour and dismissed Agip’s objections, the Court of Appeal reversed that decision.
On May 23, a three-judge panel led by Justice Hamma Akawu Barka agreed with Agip that the Federal High Court failed to address crucial legal concerns, including fair hearing, potential abuse of court process, and the issue of whether the case was filed within the statute of limitations.
The appellate court concluded that Malabu’s lawsuit came too late and formally set aside the High Court ruling delivered by Justice Binta Nyako.
In response, Malabu’s legal team filed a motion on June 4 seeking leave to challenge the appeal court’s ruling at the Supreme Court, raising what it describes as serious constitutional and legal questions.
In the supporting affidavit, Edwin John argued that the appeal has a strong chance of success and that denying the motion would permanently block Abacha’s right to pursue justice.
Abacha claims rightful ownership of Malabu Oil and Gas, which was awarded OPL 245 in 1998 by his father’s administration. However, in 2011, Malabu relinquished the block as part of a $1.1 billion settlement brokered by the Nigerian government, paving the way for Shell and Eni to take over. The deal also saw a $210 million signature bonus paid to the government.
The transaction sparked years of international controversy. Activists alleged the deal was riddled with corruption and that the money was used to bribe officials.
Abacha insists Malabu was excluded from the resolution agreement reached between the federal government, Shell, and Agip.
Successive Nigerian administrations pursued legal action to revisit the deal, but the results have largely favoured the oil companies. In 2021, an Italian court cleared Shell and Eni of corruption charges.
The US Securities and Exchange Commission later dropped its investigation, and Nigeria also lost a separate $1.7 billion claim against JP Morgan in 2022. By late 2023, the government withdrew its $1.1 billion civil suit in Italy.
In March 2024, former attorney-general Mohammed Bello Adoke, who signed the 2011 resolution on behalf of Nigeria, was acquitted by a court in Abuja.
Adoke had previously accused the Abacha family of using the Buhari administration to target him over their dissatisfaction with the OPL 245 deal.
Now, with the legal odds stacked against him, Mohammed Abacha is heading to the Supreme Court in what may be his last chance to reclaim the oil block his family once considered theirs.
The post Mohammed Abacha Heads to Supreme Court Over OPL 245 Loss appeared first on Kano Times.
