AGF Fagbemi Refutes Atiku’s Claim, Says OPL 245 Disputes Resolved

The Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, on Wednesday rejected former Vice President Atiku Abubakar’s assertion that disputes over the OPL 245 oil block remain unresolved.

In a statement in Abuja, Fagbemi said reports attributed to the Abubakar Media Office misrepresented the resolution of the nearly three-decade-long disputes surrounding OPL 245. He noted that the current administration, under President Bola Tinubu, successfully transformed the protracted dispute into a viable development opportunity, projected to contribute approximately 150,000 barrels per day to Nigeria’s oil production capacity.

“The present resolution delivers substantial economic and social benefits, including increased government revenue, enhanced energy security, and renewed investor confidence,” Fagbemi said.

The AGF highlighted that for decades, OPL 245 remained largely undeveloped due to persistent legal and political disputes. Tinubu’s decisive action, he said, aimed to resolve long-standing issues, mitigate financial exposure, and create conditions for full development of the asset.

Fagbemi also referred to the authoritative judicial ruling in Nigerian Agip Exploration Limited v. Malabu Oil & Gas Ltd (2025) 15 NWLR (Pt 2009) 551, where the Court of Appeal dismissed Malabu’s challenge to the allocation of OPL 245 to Shell Nigeria Exploration and Production Company Limited, declaring the action statute-barred and an abuse of court process.

According to Fagbemi, the block, originally awarded to Malabu in April 1998, revoked in 2001, and reallocated to Shell Nigeria Ultra-Deep Limited (SNUD) in 2002, had undergone extensive litigation and scrutiny through the 2011 Resolution Agreement. Under the agreement, Malabu relinquished all claims, while the federal government reallocated the block to SNUD (now SNEPCo) and Nigerian Agip Exploration (NAE/Eni) as joint license holders.

The AGF emphasized that subsequent transactions and actions were reviewed in multiple criminal and civil proceedings in Nigeria, the U.S., the UK, and Italy, which did not establish wrongdoing against Eni, SNEPCo, or the transaction.

He further explained that arbitration initiated by Eni and Nigerian Agip at the International Centre for Settlement of Investment Disputes (ICSID) over Nigeria’s delay in converting OPL 245 into an Oil Mining Lease (OML) focused solely on treaty obligations and potential compensation, not ownership disputes within Malabu.

Fagbemi urged Nigerians to reject interventions motivated by personal or political gain, stressing that the national interest must not be sacrificed to hidden agendas.