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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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Crude Oil

Oil Prices Rebound After Three Days of Losses

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After enduring a three-day decline, oil prices recovered on Thursday, offering a glimmer of hope to investors amid a volatile market landscape.

The rebound was fueled by a combination of factors ranging from geopolitical developments to supply concerns.

Brent crude oil, against which Nigeria oil is priced, surged by 79 cents, or 0.95% to $84.23 a barrel while U.S. West Texas Intermediate (WTI) crude climbed 69 cents, or 0.87% to $79.69 per barrel.

This turnaround came on the heels of a significant downturn that had pushed prices to their lowest levels since mid-March.

The recent slump in oil prices was primarily attributed to a confluence of factors, including the U.S. Federal Reserve’s decision to maintain interest rates and concerns surrounding stubborn inflation, which could potentially dampen economic growth and limit oil demand.

Also, unexpected data from the Energy Information Administration (EIA) revealing a substantial increase in U.S. crude inventories added further pressure on oil prices.

“The updated inventory statistics were probably the most salient price driver over the course of yesterday’s trading session,” said Tamas Varga, an analyst at PVM.

Crude inventories surged by 7.3 million barrels to 460.9 million barrels, significantly exceeding analysts’ expectations and casting a shadow over market sentiment.

However, the tide began to turn as ceasefire talks between Israel and Hamas gained traction, offering a glimmer of hope for stability in the volatile Middle East region.

The prospect of a ceasefire agreement, spearheaded by Egypt, injected optimism into the market, offsetting concerns surrounding geopolitical tensions.

“As the impact of the U.S. crude stock build and the Fed signaling higher-for-longer rates is close to being fully baked in, attention will turn towards the outcome of the Gaza talks,” noted Vandana Hari, founder of Vanda Insights.

The potential for a resolution in the Israel-Hamas conflict provided a ray of hope, contributing to the positive momentum in oil markets.

Despite the optimism surrounding ceasefire talks, tensions in the Middle East remain palpable, with Israeli Prime Minister Benjamin Netanyahu reiterating plans for a military offensive in the southern Gaza city of Rafah.

The precarious geopolitical climate continues to underpin volatility in oil markets, reminding investors of the inherent risks associated with the commodity.

In addition to geopolitical developments, speculation regarding U.S. government buying for strategic reserves added further support to oil prices.

With the U.S. expressing intentions to replenish the Strategic Petroleum Reserve (SPR) at prices below $79 a barrel, market participants closely monitored price movements, anticipating potential intervention to stabilize prices.

“The oil market was supported by speculation that if WTI falls below $79, the U.S. will move to build up its strategic reserves,” highlighted Hiroyuki Kikukawa, president of NS Trading, owned by Nissan Securities.

As oil markets navigate a complex web of geopolitical uncertainties and supply dynamics, the recent rebound underscores the resilience of the commodity in the face of adversity.

While challenges persist, the renewed optimism offers a ray of hope for stability and growth in the oil sector, providing investors with a semblance of confidence amidst a volatile landscape.

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Gold

Gold Soars as Fed Signals Patience

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Gold emerged as a star performer as the Federal Reserve adopted a more patient stance, sending the precious metal soaring to new heights.

Amidst a backdrop of uncertainty, gold’s ascent mirrored investors’ appetite for safe-haven assets and reflected their interpretation of the central bank’s cautious approach.

Following the Fed’s decision to maintain interest rates at their current levels, gold prices surged toward $2,330 an ounce in early Asian trade, building on a 1.5% gain from the previous session – the most significant one-day increase since mid-April.

The dovish tone struck by Fed Chair Jerome Powell during the announcement provided the impetus for gold’s rally, as he downplayed the prospects of imminent rate hikes while underscoring the need for further evidence of cooling inflation before considering adjustments to borrowing costs.

This tempered outlook from the Fed, which emphasized patience and data dependence, bolstered gold’s appeal as a hedge against inflation and economic uncertainty.

Investors interpreted the central bank’s stance as a signal of continued support for accommodative monetary policies, providing a tailwind for the precious metal.

Simultaneously, the Japanese yen surged more than 3% against the dollar, sparking speculation of intervention by Japanese authorities to support the currency.

This move further weakened the dollar, enhancing the attractiveness of gold to investors seeking refuge from currency volatility.

Gold’s ascent in recent months has been underpinned by a confluence of factors, including robust central bank purchases, strong demand from Asian markets – particularly China – and geopolitical tensions ranging from conflicts in Ukraine to instability in the Middle East.

These dynamics have propelled gold’s price upwards by approximately 13% this year, culminating in a record high last month.

At 9:07 a.m. in Singapore, spot gold was up 0.3% to $2,326.03 an ounce, with silver also experiencing gains as it rose towards $27 an ounce.

The Bloomberg Dollar Spot Index concurrently fell by 0.3%, further underscoring the inverse relationship between the dollar’s strength and gold’s allure.

However, amidst the fervor surrounding gold’s surge, palladium found itself trading below platinum after dipping below its sister metal for the first time since February.

The erosion of palladium’s long-standing premium was attributed to a pessimistic outlook for demand in gasoline-powered cars, highlighting the nuanced dynamics within the precious metals market.

As gold continues its upward trajectory, investors remain attuned to evolving macroeconomic indicators and central bank policy shifts, navigating a landscape defined by uncertainty and volatility.

In this environment, the allure of gold as a safe-haven asset is likely to endure, providing solace to investors seeking stability amidst turbulent times.

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Crude Oil

Oil Prices Steady as Israel-Hamas Ceasefire Talks Offer Hope, Red Sea Attacks Persist

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Amidst geopolitical tensions and ongoing conflicts, oil prices remained relatively stable as hopes for a ceasefire between Israel and Hamas emerged, while attacks in the Red Sea continued to escalate.

Brent crude oil, against which Nigerian oil is priced, saw a modest rise of 27 cents to $88.67 a barrel while U.S. West Texas Intermediate crude oil gained 30 cents to $82.93 a barrel.

The optimism stems from negotiations between Israel and Hamas with talks in Cairo aiming to broker a potential ceasefire.

Despite these diplomatic efforts, attacks in the Red Sea by Yemen’s Houthis persist, raising concerns about potential disruptions to oil supply routes.

Vandana Hari, founder of Vanda Insights, emphasized the importance of a concrete agreement to drive market sentiment, stating that the oil market awaits a finalized deal between the conflicting parties.

Meanwhile, investor focus remains on the upcoming U.S. Federal Reserve’s policy review, particularly in light of persistent inflationary pressures.

Market expectations for any rate adjustments have been pushed out due to stubborn inflation, potentially bolstering the U.S. dollar and impacting oil demand.

Concerns over demand also weigh on sentiment, with ANZ analysts noting a decline in premiums for diesel and heating oil compared to crude oil, signaling subdued demand prospects.

As geopolitical uncertainties persist and market dynamics evolve, observers closely monitor developments in both the Middle East and global economic policies for their potential impact on oil prices and market stability.

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