An Italian court has sentenced two Milan prosecutors, Fabio De Pasquale and Sergio Spadaro, to eight months imprisonment for concealing evidence in an alleged corruption case involving a $1.3 billion oilfield in Nigeria.
The court found the duo guilty after it was established that they failed to file documents that could have supported Eni’s defense in the trial.
Regarded as one of the energy industry’s most significant corruption trials, the case which involves Eni and Shell centered around the $1.3 billion acquisition of a Nigerian oilfield.
In 2020, the Nigerian government filed a case against Shell/SNUD and Eni asking for compensation in the sum of $1.3 billion over an Oil Prospecting License 245, also known as OPL 245.
The case which had dragged on for over a decade came to a halt when the Ministry of Justice withdrew its petition in an Italian Court in March 2024.
Meanwhile, an international Court in Italy had already declared Shell and its affiliate partners not guilty on all counts.
Nigeria also decided to “irrevocably” suspend any future legal claims in Italy against Eni, its affiliates, as well as present and former officers concerning rights related to the field.
Meanwhile, delivering judgement on the refusal of the prosecutors to tender evidence, the court stated that De Pasquale and Spadaro had omitted key evidence, including a video from a former Eni external lawyer that could have been favourable to the defence.
The court sitting in Brescia and has jurisdiction over judicial matters in Milan had listened to the argument of the prosecutors who accused De Pasquale and Spadaro of withholding evidence that could have influenced the outcome of the Eni-Shell trial, thereby infringing on the defendants’ rights.
Responding to the charges, the prosecutors’ lawyer sought a full acquittal, arguing that no explicit rule mandated the filing of documents by prosecutors in such cases.
In March 2021, a Milan court acquitted Eni, Shell, and all other defendants, despite criticisms of the prosecutors’ conduct.
Judges ruled that the two prosecutors had a legal duty to submit evidence that might have aided the defense. The lawyer did not offer immediate comments following the conviction.
Afterward, the Brescia court sentenced the duo to eight-month jail term as requested by the prosecutors.
