Holdups as Nigeria Battles Oil Giants over $12.7billion Theft

Ololade Adeyanju

More than 57 million barrels of crude oil worth $12.7billion were allegedly stolen and shipped from Nigeria to the United States of America (USA) between 2011 and 2014, the Federal Government has revealed in court documents.

Federal authorities are pointing accusing fingers at Shell, Chevron, Total and Agip.

The oil companies are among 15 oil majors targeted by the government for the recovery of $17 billion in deprived revenue.

But the case has been bogged down at a Federal High Court, in Lagos, and the judge complained today as she adjourned further hearing in the matter till May 31 and June 1.

Ruling on yet another application for amendment of statement of claim against the defendants, Justice Mojisola Olatoregun lamented that there had been no remarkable progress in the matter since it was filed, other than amendments.

FG’s lawyer, Mr Ituah Imhanze, had informed the Court today of the application for the amendment.

He urged the Court to grant the application, to allow the plaintiff tidy its pleadings.

The application was not opposed by the defence.

Justice Olatoregun adjourned the matter till May 31 and June 1 for hearing, adding that the plaintiff must ensure it served all amended processes on the defence.

The FG had filed the suit against the oil giants including Shell Petroleum Development Company of Nigeria Limited (SPDCNL) and its subsidiary, Shell Western Supply & Trading Limited.

The suit marked FHC/L/CS/336/16 was filed by Professor Fabian Ajogwu (SAN). It is seeking an order compelling Shell and its subsidiary to pay $802.83 million as shortfall of undeclared Crude Oil taken out of Nigeria.

The FG is also claiming $406.8 million from the defendants, representing the shortfall of money paid into the government’s account with the Central Bank of Nigeria (CBN), for crude oil lifted in 2013 and 2014.

In a supporting affidavit, the Federal Government had accused the SPDC and its subsidiary, Shell Western Supply & Trading Limited, of not declaring or under-declaring crude oil shipments during the period.

The FG claimed that the revelation followed forensic analysis of bills of Lading and Shipping documents, adding that SPDC cheated Nigeria of its revenue.

Government also stated in the affidavit, that the consortium of experts tracked the global movements of the country’s hydro-carbons, including crude oil and gas. They allegedly identified the companies engaged in the practices that led to missing revenues from crude oil and gas export sales to different parts of the world.

They also revealed discrepancies in the export records from Nigeria with the import records at USA’s ports.

The plaintiff averred that the undeclared shipments between January 2013 and December 2014 brought the total value of the entire shortfall to $406.75 million.

The defendants allegedly failed to respond to FG’s letter through its legal representative, seeking clarifications on the discrepancies.

Government is therefore seeking a court order to compel the two companies to pay $406.8 million, being the total value of the missing revenue and interest payment at 21 percent per annum.

In addition, the FG is asking Shell to pay general exemplary damages in the sum of $406.75 million, as well as the cost of the legal action.

Nigeria also sued Chevron, Total, and Agip, in a similar case before the court.

The FG is demanding a total sum of $12.7 billion, over the alleged non-declaration of the 57 million barrels of crude found to have been shipped to the USA between 2011 and 2014.

0