Members of the United States Congress have demanded the re-opening of a corruption inquiry into Shell and Eni after Nigerias President Bola Tinubu restored the ownership of OPL 245 to the European oil giants.
Two lawmakers, Maxine Waters and Joyce Beatty, urged the U.S. Department of Justice (DOJ) to investigate how the firms violated the countrys Foreign Corrupt Practices Act.
Recall that a reporr earlier this year reveaked how President Tinubu allegedly negotiated a deal with the oil firms that would see them transfer lucrative assets to Oando Plc, a hitherto struggling oil firm run by his nephew, Wale Tinubu.
The lawmakers of financial services and national security committees emphasised that U.S. law also prohibits citizens and entities from bribing foreign government officials to benefit their business interests.
In a May 8, 2024, letter to Attorney-General Merrick Garland (PDF), the lawmakers said, We write to urge the Department of Justice (DOJ) to reopen a Foreign Corrupt Practices Act (FCPA) investigation into Shell and Eni regarding their 2011 purchase of the rights to Oil Prospecting License (OPL) 245, one of Nigerias most lucrative oilfields. Available evidence implicates both companies in a scheme that resulted in the payment of $1.1 billion in bribes to Nigerian government officials, including then-President Goodluck Jonathan.
The lawmakers said estimated losses from the controversial 2011 deal had been placed at over $6 billion, well above Nigerias annual health and education budget.
The lawmakers acknowledged awareness of the recent stall in foreign arbitration proceedings over the matter.
Enis legal challenge, filed at the International Centre for Settlement of Investor Disputes (ICSID) and based upon the corruptly acquired prospecting license and related Resolution Agreement, as well as the use of the original contract in arbitration proceedings, constitutes further violation of the FCPA.
The ICSID proceedings are currently suspended until May 23, 2024, with the agreement of the parties, suggesting that a settlement is being negotiated. Allegations have been made in the Nigerian press of further corruption relating to a settlement, the lawmakers said.
Shell and Eni, both registered with the U.S. Securities and Exchange Commission (SEC), continue to profit from the deal in violation of the FCPA.
The reopening of this case would further illustrate the U.S. commitment to aggressively pursue foreign bribery cases, as stated in the U.S. Strategy on Countering Corruption and reaffirm its pledge to fully implement the OECD Anti-Bribery Convention.
We urge you to leverage this potent anti-corruption law to address the issues in this case and to send a powerful message that the United States stands vigilant in its pursuit of corporate crime around the globe, they added.
A spokesperson for the DOJ did not immediately return a request seeking comments on the lawmakers letter. Nigerian presidential spokespersons also declined comments.
Eni has denied any violations in its discussion with the Tinubu administration to retake control of the lucrative oil field offshore Nigerian waters.
