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FG Files Fresh Charges Against Shell, ENI, Others

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  • FG Files Fresh Charges Against Shell, ENI, Others

The federal government has filed fresh charges against two multinational oil firms, Shell Nigeria Exploration Production Company Limited and Agip Nigeria Exploration Limited, for alleged complicity in the Malabu $1.1 billion scandal.

The charges were filed at the Abuja High Court yesterday against the oil majors and nine other individuals and firms.

Others charged along-side the two oil giants are former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Adoke; former Minister of Petroleum Resources, Chief Dan Etete; Aliyu Abubakar, ENI SPA,
Ralph Wetzels, Casula Roberto, Pujatti Stefeno, Burrafati Sebestiano and Malabu Oil and Gas Limited.

The federal government had earlier filed a similar charge before the Federal High Court sitting in Abuja involving some of the defendants.

The suspects are accused of, among others, conspiring to defraud the Nigerian government.

The new charges are part of an international collaboration to ensure all those who partook in the $1.1 billion OPL 245 scandal are brought to justice.

A Federal High Court had granted an order of interim forfeiture of the OPL 245. However, Shell and Eni have since appealed the order, asking that the block be returned to them. Both firms paid the $1.1 billion into a Nigerian government account in 2011.

In the fresh charge marked CR/124/17, signed by Johnson Ojogbane, the defendants were accused of conspiracy contrary to Section 26 of the Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 12 of the same Act.

In the particulars of offence, the defendants were alleged to have sometime 2011 in Abuja conspired among themselves to commit a felony to wit official corruption and thereby committed an offence.

In count two, the defendants were accused of official corruption contrary to Section 9 of the Corrupt Practices and other Related Offences Act, 2000 and punishable under Section 9(b) of the same Act.

In the particulars of offence, the defendants were accused to have in 2011 corruptly received the aggregate sum of $801 million in relation to the grant of OPL in respect of the OPL 245 from Shell Nigeria Exploration Production Company, Nigeria Agip Exploration Limited and ENI SPA, and thereby committed an offence.

In count three, the defendants were also accused of official corruption.
In the particulars of offence, the defendants were alleged to have in 2011 corruptly gave the aggregate sum of $801 million to Etete, Adoke and Ali Abubakar.

In the matter before the Federal High Court, the trial judge, Justice John Tsoho, had on January 26 granted a forfeiture order of OPL 245 to the federal government.

Shell and Agip had however gone back to court, praying it to reverse the forfeiture order.

The court had last Monday fixed March 13 for ruling in the two separate applications.

The forfeiture order of the court then was sequel to an ex parte application brought by the Economic and Financial Crimes Commission (EFCC).

Shell and Agip are however praying the court to set aside the order on grounds that the Economic and Financial Crimes Commission (EFCC) Chairman, in the ex- parte motion, was not the proper person to make such an application.

At the last adjourned date, counsel to Shell, Konyinsola Ajayi (SAN), argued that the EFCC chairman was wrong in law to have brought the ex-parte motion that led to the order of forfeiture in his capacity as chairman.

He cited Section 28 of the EFCC Act and submitted that the section did not allow the chairman to bring an ex- parte application in his capacity as chairman.

Ajayi further argued that the application having been brought by an incompetent person could not invoke the jurisdiction of the court and that the order that was made was supposedly to preserve property or assets.

In his response, counsel to the EFCC, Johnson Ojogbane, asked the court to dismiss the two applications on the grounds that there was no proper suit before the court.

He submitted that the ex-parte application was filed by the chairman in line with Section 44 of the 1999 Constitution, and as such was a competent person to bring the said application on behalf of the commission.

Ojogbane further argued that the application lacked merit and should be dismissed as granting it would be a disservice to the Federal Government and Nigerians.

He urged the court not to vacate the forfeiture order in respect to OPL 245 because of the element of criminality involved. The court will rule on March 13.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Gold

Gold Steadies After Initial Gains on Reports of Israel’s Strikes in Iran

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Gold, often viewed as a haven during times of geopolitical uncertainty, exhibited a characteristic surge in response to reports of Israel’s alleged strikes in Iran, only to stabilize later as tensions simmered.

The yellow metal’s initial rally came on the heels of escalating tensions in the Middle East, with concerns mounting over a potential wider conflict.

Spot gold soared as much as 1.6% in early trading as news circulated regarding Israel’s purported strikes on targets in Iran.

This surge, reaching a high of $2,400 a ton, reflected the nervousness pervading global markets amidst the saber-rattling between the two nations.

However, as the day progressed, media reports from both countries appeared to downplay the impact and severity of the alleged strikes, contributing to a moderation in gold’s gains.

Analysts noted that while the initial spike was fueled by fears of heightened conflict, subsequent assessments suggesting a less severe outcome helped calm investor nerves, leading to a stabilization in gold prices.

Traders had been bracing for a potential Israeli response following Iran’s missile and drone attack over the weekend, raising concerns about a retaliatory spiral between the two adversaries.

Reports of an explosion in Iran’s central city of Isfahan further added to the atmosphere of uncertainty, prompting flight suspensions and exacerbating market jitters.

In addition to geopolitical tensions, gold’s rally in recent months has been underpinned by other factors, including expectations of US interest rate cuts, sustained central bank buying, and robust consumer demand, particularly in China.

Despite the initial surge followed by stabilization, gold remains sensitive to developments in the Middle East and broader geopolitical dynamics.

Investors continue to monitor the situation closely for any signs of escalation or de-escalation, recognizing gold’s role as a traditional safe haven in times of uncertainty.

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Commodities

Global Cocoa Prices Surge to Record Levels, Processing Remains Steady

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Cocoa futures in New York have reached a historic pinnacle with the most-active contract hitting an all-time high of $11,578 a metric ton in early trading on Friday.

This surge comes amidst a backdrop of challenges in the cocoa industry, including supply chain disruptions, adverse weather conditions, and rising production costs.

Despite these hurdles, the pace of processing in chocolate factories has remained constant, providing a glimmer of hope for chocolate lovers worldwide.

Data released after market close on Thursday revealed that cocoa processing, known as “grinds,” was up in North America during the first quarter, appreciating by 4% compared to the same period last year.

Meanwhile, processing in Europe only saw a modest decline of about 2%, and Asia experienced a slight decrease.

These processing figures are particularly noteworthy given the current landscape of cocoa prices. Since the beginning of 2024, cocoa futures have more than doubled, reflecting the immense pressure on the cocoa market.

Yet, despite these soaring prices, chocolate manufacturers have managed to maintain their production levels, indicating resilience in the face of adversity.

The surge in cocoa prices can be attributed to a variety of factors, including supply shortages caused by adverse weather conditions in key cocoa-producing regions such as West Africa.

Also, rising demand for chocolate products, particularly premium and artisanal varieties, has contributed to the upward pressure on prices.

While the spike in cocoa prices presents challenges for chocolate manufacturers and consumers alike, industry experts remain cautiously optimistic about the resilience of the cocoa market.

Despite the record-breaking prices, the steady pace of cocoa processing suggests that chocolate lovers can still expect to indulge in their favorite treats, albeit at a higher cost.

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Crude Oil

Dangote Refinery Leverages Cheaper US Oil Imports to Boost Production

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The Dangote Petroleum Refinery is capitalizing on the availability of cheaper oil imports from the United States.

Recent reports indicate that the refinery with a capacity of 650,000 barrels per day has begun leveraging US-grade oil to power its operations in Nigeria.

According to insights from industry analysts, the refinery has commenced shipping various products, including jet fuel, gasoil, and naphtha, as it gradually ramps up its production capacity.

The utilization of US oil imports, particularly the WTI Midland grade, has provided Dangote Refinery with a cost-effective solution for its feedstock requirements.

Experts anticipate that the refinery’s gasoline-focused units, expected to come online in the summer months will further bolster its influence in the Atlantic Basin gasoline markets.

Alan Gelder, Vice President of Refining, Chemicals, and Oil Markets at Wood Mackenzie, noted that Dangote’s entry into the gasoline market is poised to reshape the West African gasoline supply dynamics.

Despite operating at approximately half its nameplate capacity, Dangote Refinery’s impact on regional fuel markets is already being felt. The refinery’s recent announcement of a reduction in diesel prices from N1,200/litre to N1,000/litre has generated excitement within Nigeria’s downstream oil sector.

This move is expected to positively affect various sectors of the economy and contribute to reducing the country’s high inflation rate.

Furthermore, the refinery’s utilization of US oil imports shows its commitment to exploring cost-effective solutions while striving to meet Nigeria’s domestic fuel demand. As the refinery continues to optimize its production processes, it is poised to play a pivotal role in Nigeria’s energy landscape and contribute to the country’s quest for self-sufficiency in refined petroleum products.

Moreover, the Nigerian government’s recent directive to compel oil producers to prioritize domestic refineries for crude supply aligns with Dangote Refinery’s objectives of reducing reliance on imported refined products.

With the flexibility to purchase crude using either the local currency or the US dollar, the refinery is well-positioned to capitalize on these policy reforms and further enhance its operational efficiency.

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