AGF: Opposition to OPL 245 Resolution Driven by Self-Interest

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The Attorney-General of the Federation and Minister of Justice, Lateef Fagbeni, SAN, has described criticisms of the OPL 245 resolution as motivated by personal and political interests rather than national priorities. He addressed claims from the Atiku Abubakar Media Office, which he said misrepresented the administration’s achievement in resolving a dispute that had lasted nearly three decades.

OPL 245, originally awarded to Malabu Oil & Gas Ltd in 1998, was revoked in 2001 and reassigned to Shell Nigeria Ultra-Deep Limited (now SNEPCo) in 2002. The dispute led to extensive litigation and public hearings before the National Assembly, eventually resulting in the 2011 Resolution Agreement. Under this agreement, Malabu relinquished its claims, and the Federal Government was required to convert the block into an Oil Mining Lease (OML).

Delays in implementing the conversion prompted Eni and Nigerian Agip Exploration Limited to initiate arbitration at the International Centre for Settlement of Investment Disputes (ICSID), with potential liabilities exceeding US$2 billion. Fagbeni emphasized that the critics, including the former Vice-President, had no legal standing in these proceedings, which focused solely on Nigeria’s obligations to foreign investors.

The AGF highlighted the economic importance of OPL 245, located about 150 kilometers offshore, noting that its development is expected to add around 150,000 barrels per day to national oil production, boost government revenue, strengthen energy security, and restore investor confidence. He also referenced the Court of Appeal ruling in Nigerian Agip Exploration Limited v. Malabu Oil & Gas Ltd (2025), which dismissed Malabu’s challenge as time-barred and an abuse of court process.

Fagbeni concluded that opposition to the resolution reflects undisclosed self-interest rather than patriotism, urging Nigerians to reject attempts to derail the project, which holds significant economic and developmental benefits for over 200 million citizens.