An Italian Appeal Court has upheld the conviction of two Milan prosecutors, Fabio De Pasquale and Sergio Spadaro, for failing to file crucial documents in the Eni Nigeria case.
The court sentenced the prosecutors to eight months in prison, a decision that has sent shockwaves through the Italian judiciary.
The case revolves around the OPL 245 affair, in which Eni and Shell were accused of corruption in the acquisition of a Nigerian oilfield in 2011.
The Milan court had acquitted the defendants, citing the prosecutors’ failure to file key evidence, including a video shot by a former Eni lawyer.
The Brescia court’s ruling on Thursday upheld the verdict, stating that De Pasquale and Spadaro had infringed the defendants’ rights by withholding crucial documents.
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But the prosecutors’ lawyer has announced plans to appeal to Italy’s top court, the Court of Cassation.
The OPL 245 saga has been marked by a series of acquittals, with all defendants cleared of fraud charges in Italy, the UK, and Nigeria. The case listed concerns about prosecutorial misconduct and the need for transparency in high-stakes corruption cases.
De Pasquale, who was demoted in May 2024 for “lack of impartiality and fairness,” had previously been accused of hiding evidence that could have exonerated former Nigerian Attorney-General, Mohammed Bello Adoke.
Adoke had alleged that the prosecutors deliberately concealed his failed N300million mortgage transaction with Unity Bank from the Milan court just to create the impression that it was a bribe.
He further alleged that an email purportedly sent by him from the account of a property company mentioned in the OPL 245 payments was forged. He also suspected that a phone conversation was stage-managed to implicate him.
The Federal Capital Territory High Court had also dismissed the charges of fraud, bribery and conspiracy filed against Adoke.
Also discharged and acquitted by the court alongside Adoke, were a businessman, Aliyu Abubakar; Rasky Gbinigie, Malabu Oil and Gas Limited’s company secretary; Malabu Oil and Gas Ltd; Nigeria Agip Exploration (NAE); Shell Ultra Deep Nigeria (SNUD) Ltd; and Shell Nigeria Exploration Production Company (SNEPCO) Limited.