Italian court clears prosecutors in $1.3bn OPL 245 case

ITALY’S highest judicial authority has acquitted two Milan prosecutors who had been accused of withholding evidence that could have assisted the defence in a landmark corruption trial involving the Nigerian operations of Eni and Shell.

The Court of Cassation on Thursday overturned an earlier ruling against prosecutors Fabio De Pasquale and Sergio Spadaro, concluding that no offence had been committed. According to Reuters, the court held that “the offence does not exist.”

The allegations against the prosecutors arose from the long-running legal battle over the $1.3 billion acquisition of Nigeria’s OPL 245 oil block. The corruption case, regarded as one of the oil industry’s largest ever trials, ended in March 2021 when Eni, Shell and all other defendants were acquitted.

Court reverses earlier sentence

In October 2025, a court in Brescia upheld an 8-month prison sentence against De Pasquale and Spadaro after finding that they had failed to file documents that could have strengthened the defence’s case during the OPL 245 proceedings.

READ ALSO: Tinubu seals landmark OPL 245 settlement, unlocks major deepwater investment

The prosecution of the two officials stemmed from an investigation launched about 5 years earlier. At the centre of the dispute was a video recorded by a former external lawyer for Eni, which prosecutors were accused of not disclosing. The Milan court that eventually cleared Eni and Shell had considered the footage relevant to the defence.

Reacting to Thursday’s ruling, one of the lawyers representing the prosecutors, Massimo Di Noia, said the decision restored justice after years of hardship.

“My colleague Fabio Federico and I are truly happy. This ruling brings justice after many years of suffering,” he said, adding that the prosecutor-general at the Court of Cassation had also sought a complete acquittal.

During the appeal hearing in Brescia, Spadaro maintained that neither he nor his colleague had acted improperly.

“There was no refusal, there was no omission,” he said, insisting that both prosecutors acted according to conscience and the law. The Brescia court handles cases involving judges and prosecutors from neighbouring Milan, giving it jurisdiction over the matter.

Backstory of OPL 245 dispute

The controversy revolves around OPL 245, one of Nigeria’s most lucrative offshore oil assets. In March 2021, a Milan court acquitted Eni, Shell and several individuals of corruption allegations linked to the oil block transaction, ruling there was no case to answer. The decision was later upheld on appeal and became final in 2022.

Nigeria’s government expressed surprise and disappointment over the verdict and explored options for a further appeal. Separately, the Nigerian government withdrew a $1.1 billion civil suit against Shell in 2021 after previously discontinuing a similar action against Eni.

READ ALSO: OPL 245 settlement unlocks path for Zabazaba–Etan project, says NNPC’s Ojulari

The origins of the dispute date back to April 1998 when Nigeria’s military government awarded OPL 245 to Malabu Oil and Gas Limited. The company was reportedly controlled by Mohammed Abacha, son of former military ruler Sani Abacha, and Dan Etete, who served as petroleum minister at the time.

The administration of Olusegun Obasanjo revoked Malabu’s licence in 2001 and reassigned the block to Shell without a public bidding process. Malabu challenged the move and regained ownership in 2006 through an out-of-court settlement with the Federal Government.

Following the development, Shell initiated arbitration proceedings against Nigeria. The dispute appeared settled in 2011 when Eni and Shell agreed to acquire the block from Malabu for approximately $1.1 billion and paid an additional $210 million signature bonus to the Nigerian government.

However, anti-corruption groups later mounted an international campaign against the transaction, alleging that proceeds from the deal were used to bribe public officials. The controversy also led to the prosecution of Nigeria’s former Attorney-General of the Federation, Mr Mohammed Adoke, in connection with the transaction.