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In its bid to take control of one of the most lucrative oil fields in Nigeria, OPL 245, oil giant, Shell, ably assisted by senior Nigerian officials, condoned illegalities, subverted laid down rules and then lied repeatedly to cover its track, an ongoing PREMIUM TIMES investigation has shown.

Further investigations by PREMIUM TIMES have however shown that 10 years before Shell made the controversial payment in 2011, the oil giant had tolerated illegalities committed by Malabu and colluded with the company in compromising Nigerian officials and subverting the regulations and guidelines under which the oil block was awarded.

Fully aware of the huge reserve OPL 245 holds, Mr. Etete and Mohammed Sani (Abacha) used executive fiat to discretionally award the block to themselves, through Malabu, a company they hurriedly cobbled together. Mr. Etete was petroleum minister at the time while General Sani Abacha, Mohammed’s father, was Nigeria’s head of state. To conceal the fact that he awarded the block to himself and shield himself from public scrutiny, Mr. Etete designed an ingenious scheme. He created a fictional character, Kweku Amafegha, and made him one of the three shareholders of Malabu, the others being Mr. Abacha and Hassan Hindu (wife of Hassan Adamu, former Nigerian Ambassador to the UK, who is popularly known as Wakili Adamawa).

Additionally, I'm confused about why you would criticize the Solicitor General for "tak[ing[ a 19th-Century view of international law" when that is a temporally closer (and thus, presumably more accurate) view of a law enacted in the eighteenth century.  I agree with you that this "completely ignores the entire post-World-War-II body of international human rights law," but it is rather obvious that the First Congress could not have intended to address that legal development because those events would not occur for another 150 years! 

oday, the government submitted its brief (below) - and it's on the wrong side. I have rarely been so disappointed in my government.

The government's position takes a 19th-Century view of international law, basically arguing that governments don't have any business meddling in what other nations do to their own citizens. That's ridiculous, and it completely ignores the entire post-World-War-II body of international human rights law. It's also at odds with US foreign policy, which frequently criticizes other nations - and even authorizes hostile action - based on their treatment of their own citizens.

Talking to Idku locals, their pride in their hometown's past glory is  hard to miss - “Idku used to be Egypt’s food basket”, they tell me. But so is the bitterness over its lost potential; the neglect, violations, and loss of their livelihoods, “Idku is an orphan town no one cares about”.

These factors are further confounded by evident climate change impacts: the community’s resilience to the longer and stronger seasonal wave surges is weakened by the uncontrolled raking of Idku’s sand dunes (now almost completely removed) by big-business construction contractors, changing the coastal topography and depriving the area of a natural shoreline barrier.

Shifting seasons have aggravated the impacts of already declining fish populations on the vulnerable fishermen, diminishing the catch yield and fish variety. Degraded farmland is suffering from increasing salination, with 95% of the famed guava orchards seriously damaged.

Malabu then sued the government. After much legal wrangling, they reached a deal in 2006 that reinstated the firm as the block’s owner. This caught Shell unawares, even though it had conducted extensive due diligence and had a keen understanding of the Nigerian operating climate thanks to its long and often bumpy history in the country. It responded by launching various legal actions, including taking the government to the World Bank’s International Centre for the Settlement of Investment Disputes.

Tom Mayne of Global Witness, an NGO, has followed the case closely; he believes things were structured this way so that Shell and ENI could obscure their deal with Malabu by inserting a layer between them. Mr Agaev, Malabu’s former fixer, lends weight to this interpretation. It was, he says, structured to be a “safe-sex transaction”, with the government acting as a “condom” between the buyers and seller.

Shell and ENI reject the suggestion that their joint purchase was a thinly disguised transaction with a dodgy brass-plate company. Shell says it made payments to the Nigerian government only and that it has acted at all times in accordance with Nigerian law. It previously said it had “not acted in any way that is outside normal global industry practice”. ENI says its payments to the government “were made in a transparent manner through an escrow arrangement with a major international bank”. That bank was JPMorgan Chase. A Lebanese bank had earlier declined to handle the payments, it emerged in court.

Minister of Petroleum Resources Diezani Alinson-Madueke who also addressed the forum, said that by enacting the law and establishing a formidable Nigerian Content Development and Monitoring Board (NCDMB), which would help to implement the provision of NOGICD Act, the Federal Government had taken the lead with the provision of the enabling environment and would continue making the improvements required.She said that with the new drive, there would be “transformation of ownership profile of marine assets supporting industry activities from a current ratio of 20 Nigerian-owned vessels: 280 Foreign-owned vessels to a more equitable ratio of 180 Nigerian:120 (Foreign).”She noted that the Nigerian content would not only integrate indigenes and businesses residing in the oil producing areas into the mainstream of industry economic activity, but it would also capture of over 70 per cent of banking services, insurance risk placements, and Legal services supporting industry activities and transactions.

The case stems from oil pollution in the Ecuadorean rain forest, but Chevron does not operate there and has no significant assets in the country. It was Texaco, which Chevron acquired in a merger in 2001, that was accused of widespread environmental damage before pulling out of Ecuador in the early 1990s.

Chevron has much larger operations elsewhere in Latin America, and the plaintiffs’ strategy of pursuing the company across the region could open a contentious new phase in the case — one that would test Ecuador’s political ties with its neighbors and involve some of Washington’s most prominent lobbyists and lawyers.

Advisers to the plaintiffs said Brazil, Argentina and Venezuela would be obvious candidates to pursue Chevron assets, but they acknowledged it would not be easy. Venezuela, for instance, is a close Ecuadorean ally and its president, Hugo Chávez, is a frequent critic of the United States. But Chevron has extensive operations in Venezuela and enjoys warmer ties with Mr. Chávez’s government than just about any other American company.

This is the latest withdrawal of oil majors from Uganda and other 20 African countries, and is part of the growing trend of shifting away from retail and marketing to exploration and production, where returns on investments are high.

“We are reviewing our business globally and shall end up with a downstream footprint in larger markets with bigger profits because small markets are not profitable,” Kyayonka observed.

“The issue is about utilisation of capital. We have a pot of money from the shareholders and public funds from which they expect returns on their investments,” Kyayonka stated. “As managers, we have to think of where the dividends come from, and that is in exploration and production.”

Both Tullow Oil and Kosmos Energy have posted scam alerts on their websites. Here’s the warning from Kosmos: NOTE: POTENTIAL RECRUITMENT FRAUD Kosmos Energy has learned that job applicants in the international oil and gas business, as well as other industry sectors, may be contacted by individuals or organizations that offer false employment opportunities. These communications are often via email and may request personal information or money. Kosmos only makes job offers after candidates have completed a formal interview process and does not ask applicants to pay fees during recruitment. Specifically, please note that any communications from or about the “Kosmos Group” are not associated with Kosmos Energy. This is good, but I don’t know how useful these alerts are. There are a lot of people in Takoradi who don’t have internet access. And even when you get to the Tullow or Kosmos websites, it’s not easy to get information.

Foreign investors say Nigeria ranks among the most litigious and bureaucratic business environments in the world.

Luanda consistently ranks at the top of surveys of the world’s most expensive cities for expatriates, ahead of Singapore, Tokyo, and Zurich. In glistening five-star hotels like the one beside Chicala, an unspectacular sandwich costs $30. The monthly rent for a top-end unfurnished three-bedroom house is $15,000.

The railways, the hotels, the growth rates, and the champagne all flow from the oil that lies under Angola’s soils and seabed. So does the fear.In 1966 Gulf Oil, a US oil company that ranked among the so-called seven sisters that then dominated the industry, discovered prodigious reserves of crude in Cabinda, an enclave separated from the rest of Angola by a sliver of its neighbor, Congo.

“When the MPLA dropped its Marxist garb at the beginning of the 1990s,” writes Ricardo Soares de Oliveira, an authority on Angola, “the ruling elite enthusiastically converted to crony capitalism.” The court of the president—a few hundred families known as the Futungo, after Futungo de Belas, the old presidential palace— embarked on “the privatization of power.”