Italian court clears prosecutors in $1.3bn OPL 245 misconduct case

10

Italy’s highest court has acquitted two Milan prosecutors accused of allegedly withholding documents linked to the defence in the high-profile corruption trial involving Eni and Shell Nigeria operations.

The Court of Cassation on Thursday overturned an earlier ruling and cleared Fabio De Pasquale and Sergio Spadaro of any wrongdoing.

According to Reuters, the court ruled that “the offence does not exist”.

The case is tied to the long-running legal battle over the $1.3 billion acquisition of Nigerian oil block OPL 245 more than a decade ago.

Eni, Shell, and other defendants were previously acquitted in March 2021 in what was described as one of the biggest corruption trials in the oil industry.

COURT OVERTURNS CONVICTIONS

A court in Brescia had earlier upheld an eight-month prison sentence against the prosecutors in October 2025, finding that they failed in their duty to submit documents that could have supported the defence during the trial.

The case followed an investigation that began several years ago.

One of the defence lawyers, Massimo Di Noia, welcomed the ruling, saying: “My colleague Fabio Federico and I are truly happy. This ruling brings justice after many years of suffering”.

He also noted that the prosecutor-general at the Court of Cassation had supported a full acquittal.

The controversy centred on claims that the prosecutors did not disclose a video recorded by a former external lawyer for Eni, which was later considered relevant to the defence.

During earlier proceedings, Spadaro denied any wrongdoing, insisting: “There was no refusal, there was no omission”.

He added that both prosecutors acted “according to conscience and the law”.

THE OPL 245 CONTROVERSY

The case is connected to the disputed acquisition of OPL 245, one of Nigeria’s most valuable offshore oil assets.

Eni and Shell were cleared of corruption allegations in March 2021, with the court ruling that there was no case to answer. The decision was later upheld on appeal and became final in 2022.

The Nigerian government expressed disappointment with the outcome and considered further legal steps at the time.

The dispute traces back to 1998 when the oil block was first awarded to Malabu Oil and Gas Limited, a company linked to Mohammed Abacha and then petroleum minister Dan Etete.

The licence was later revoked and reassigned to Shell before being restored to Malabu following a settlement.

Years of legal and commercial disputes eventually led to the 2011 deal in which Eni and Shell acquired the block for about $1.1 billion, alongside a $210 million signature bonus paid to the Nigerian government.

The transaction later triggered global anti-corruption scrutiny over alleged bribery concerns, leading to multiple investigations and prosecutions across jurisdictions.