An Ikeja Special offences court has heard that Statoil had no Net Profit Interest Agreement (NPIA) with the businessman, Dr John Abebe, younger brother of the late former first lady, late Stella Obasanjo and in-law to former President Olusegun Obasanjo.
A Professor of law, Fidelis Odita made this known while giving evidence in the alleged forgery charge brought against Abebe by the Economic and Financial Crimes Commission (EFCC) before Justice Mojisola Dada. Led in evidence by EFCC prosecutor, Rotimi Oyedepo, at resumed proceedings, Odita (SAN), explained to the court how the NPI agreement Abebe entered with BP Exploration Nigeria Limited was terminated before oil blocks was sold to Statoil Nigeria Limited.
Odita, who was a counsel to Statoil in a suit filed by Abebe against the company before a Federal High Court , Lagos also explained to Justice Dada how the businessman allegedly inserted a clause in the purported agreement.
He said, “I met Dr Abebe in February 2010 when I was instructed by Statoil to defend a claim brought by Dr Abebe and his company called Inducon. The proceedings were pending at the Federal High Court and on the instructions of Statoil, I prepared the defence, met the witnesses and took their proof.
“The claim was based on a Net Profit Interest (NPI) in an oil block and the agreement was between BP Exploration Limited and Inducon. Statoil was not a party to the agreement.
“In the course of reviewing Statoil documents, I found that Statoil had refused to enter into an NPI agreement with Abebe and it was on that we built our counterclaim.
“During the trial, many documents were tendered and in relation to one of them, we wrote to Abebe’s lawyer that we want to see the original copy of the document but the document was not produced.
“We asked for the original copy of the document because we knew that the original was not available and that the document tendered was fabricated and the signature on it was imposed somehow, so we were not surprised when they were unable to produce the original copy.
“It was because of the rogue paragraph that was inserted in the purported agreement that we seek to see the original.
The inserted paragraph does not make sense because the 1.5 per cent NPI was supposed to be payable after production.
“Dr Abebe was paid some money by BP Exploration up till April 1999 but BP wants to leave Nigeria and they wanted to sell its interest in oil block to some buyers including Statoil and it wanted to get rid of its obligations to Abebe under the NPIA.
“Even if there was an NPIA, Abebe has received $1m from BP as at the time of the terminated agreement. As at the time he brought the claim, he knew he had no claim and that it was a fraudulent claim he brought to court’, Odita stated.
Abebe’s counsel, Uche Nwokedi, however, informed the court of their intention to file a no case submission.
The counsel, who also informed the court that the defendant’s mother died on Sunday night in an undisclosed hospital in the United Kingdom, urged the court to release his passport to enable him travel and make necessary preparation on burial of his mother.
Ruling on the request, Justice Dada, ordered Nwokedi to file necessary application on his request.
She adjourned the matter till January 25, 2019 for adoption of written addresses.
The EFCC had accused Abebe of attempting to pervert the course of justice by tendering a forged letter dated
November 30, 1995 “as a fabricated evidence” in court, in Suit No. FHC/L/CS/224/2010 between Dr John Abebe, Inducon Nigeria Limited and Statoil Nigeria Limited.
The EFCC accused him of making an attempt to mislead the court by using fabricated evidence, contrary to Section 120 (2) of the Criminal Code Cap C17, Law of Lagos State of Nigeria 2003.
The anti-graft agency, in the charges, claimed that Abebe “knowingly forged” a November 30, 1995 letter written by BP Exploration Nigeria Limited to Inducon (Nigeria) Limited.
The anti-graft agency claimed that the businessman illegally inserted into page 2 of the said letter the following words: “Also note that the ‘Buy-Out Option’ only applies to the pre-production stage of the NPIA. The $4m buy-out is thus irrelevant from production of oil in any of our fields.”
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