OPL 245: Adoke petitions Italian government, accuses prosecutors of manipulating evidence

Mohammed Bello Adoke, former attorney-general of the federation, has lodged a formal complaint with the Italian government alleging professional misconduct by prosecutors in the OPL 245 trial.

Adoke alleged that Fabio De Pasquale (pictured) and Sergio Spadaro, the Italian prosecutors, acted “maliciously and unprofessionally” to his detriment even though he was not a direct party to the criminal prosecution and was not on trial before the Milan court.

Specifically, the former AGF said the prosecutors forged documents, concealed evidence and manipulated facts against him in the corruption trial over the OPL 245 deal between Malabu Oil and Gas Ltd and Eni and Shell.

Adoke is facing criminal trial in Nigeria over allegations of wrongdoing in the OPL 245 deal but has consistently denied the charges.

The Italian court eventually acquitted the oil companies and other defendants in the trial, while both prosecutors are currently under investigation by the Italian ministry of justice for allegedly manipulating evidence in the case.

An Italian appeal court also overturned the jail sentences of Emeka Obi, a Nigerian and Gianluca Di Nardo, an Italian, who had been convicted for their role in the deal.

‘Issuing unlawful threat during interview’

Adoke, through his lawyers, Gromyko Amedu Solicitors, addressed his petition, dated July 1, 2021, to Italy’s minister of justice.

Femi Oboro signed on behalf of the legal firm.

The former AGF narrated that in May 2016, Pasquale had unlawfully threatened him during an interview on the OPL 245 settlement agreement.

He said the threat was to make him “compromise his position on the allegations of money laundering connected with the OPL 245 settlement agreement of 2011 being investigated by the Italian prosecutor”.

Adoke also accused Spadaro of “mischievously guiding the court to arrive at a predetermined conclusion by mischievously withholding critical information, facts and evidence” that could exonerate him of corrupt allegations in the OPL 245 deal.

He said both Pasquale and Spadaro unlawfully engaged in acts of forgery of documents and other evidences during the trail.

The former AGF alleged that the prosecutors procured and stage-managed a fake telephone interview between him and one Carlamaria Rumor, who was said to be a reporter with RAI Television in Italy.

The prosecutors claimed the tape showed that Adoke admitted knowledge of “illegal fund diversion that was made” during the oil deal — but the former AGF had refuted this claim.

Adoke also complained to the Italian government about a “forged email” tendered by the prosecutors as evidence to falsely create a link between him and Aliyu Abubakar, one of those who stood trial during the case.

The former minister of justice had earlier raised the alarm over the email, describing it as forged.

“Both the phony telephone interview recording and the email of 21/06/2011 were forged with the unlawful intent to interfere with the course of justice/law or subverting the wheel of justice at the ongoing criminal trial at the Court of Milan in connection with the OPL 245 settlement agreement 0f 2011, and by extension, the criminal proceedings pending in Nigeria,” the petition reads.

‘Concealing information about failed mortgage deal’

Adoke said prosecutors also manipulated evidence to claim he owned a property in Abuja despite having all the records to show that it was not his.

“The Public Prosecutors at the Milan trial sought to conceal relevant facts with the aim of misleading the Milan court on the ownership of the property described as No. 271, Cadastral Zone A06 Maitama, Abuja, for which our client had collected a mortgage of N300 million from Unity Bank Plc in 2011,” the firm wrote.

“According to our client, the property had been sold to the Central Bank of Nigeria by the developer because of our client’s inability to complete payment of the balance of the purchase price of N200 Million and that the developer had since refunded the sum of N300 Million secured as mortgage to the lender, Unity Bank Plc.

“Contrary to the above information available to the EFCC and the Public Prosecutors, Dr Sergio Spadaro sought to mislead the Milanese court with the suggestions made in his exposition of the prosecution’s case and the defence before the Milanese courts to the effect that our client was the owner of the property and downplayed the legal effect of the mortgage.”

‘Nigerian court already said I did no wrong’

Adoke said the legality of his actions in the OPL 245 settlement agreement was proved in 2018 by the judgment of Binta Nyako, presiding judge of the Federal High Court, Abuja in suit number FHC/ABJ/CS/446/2017.

He said despite the court decision, the Italian prosecutors decided to conceal the judgment from the Milan court where the trial held.

“We have made considerable and painstaking efforts to draw attention to these acts of deliberate falsehood as well as concerted efforts by the Public Prosecutors to withhold materials/exculpating evidence from the Court and guiding the court to arrive at a predetermined outcome,” the lawyers wrotes.

“It should be noted that the unethical conduct of the prosecutors were not isolated acts, but a carefully orchestrated plan by the Public Prosecutors acting in concert with other interested Parties to negatively influence the Court to make adverse findings against our client with a view to influencing the on-going criminal trial in Nigeria.

“It should be noted that although our client was not on trial before the Milanese Court, the Italian Prosecutors went to unimaginable length to illegally procure forged evidence, engaged in deliberate suppression of exculpating evidence and continuously misled the Court with a view to painting him with the tar of corruption. This has caused our client his reputation globally, destroyed his source of livelihood and damaged his family life.”

Adoke asked that the conduct of the prosecutors be investigated and that “they are held accountable for their professional misconduct”.