BRESCIA, ITALY — In a landmark ruling, an Italian court in Brescia has sentenced prosecutors Fabio De Pasquale and Sergio Spadaro to eight months in prison for failing to file critical evidence in the high-profile Eni-Shell Nigeria corruption case.
The court determined that the prosecutors had a legal obligation to submit evidence that could have supported the defense, which ultimately affected the outcome of the trial.
This decision follows the March 2021 acquittal of defendants from Eni and Shell, marking what has been referred to as the largest corruption case in the oil industry, related to a $1.3 billion acquisition of a Nigerian oilfield nearly a decade ago.
The Brescia court noted that the Milan prosecutors neglected to include important evidence, including a video from a former Eni lawyer, in the trial documentation. This omission drew sharp criticism from the Milan court, which highlighted the prosecutors' responsibility to ensure all relevant materials were presented.
The eight-month sentence aligned with the request from prosecutors who argued that De Pasquale and Spadaro concealed evidence beneficial to the defendants, thereby infringing on their rights. A lawyer representing the prosecutors sought complete acquittal, claiming there was no obligation to file specific documents during the trial, but did not provide further comment on the conviction.
The case has also sparked concerns within the international community. In June, civil society organizations, including ReCommon (Italy), Hawkmoth (Netherlands), and The Corner House (UK), expressed "grave concern" about reports that Nigeria planned to terminate all criminal cases related to OPL 245 against the companies involved.
In a letter to Nigerian President Bola Tinubu, the groups stressed the importance of upholding the rule of law and the independence of prosecutorial authorities.
The letter emphasized that Nigeria’s commitment to the UN Convention Against Corruption (UNCAC) requires that anti-corruption efforts remain free from political influence. It warned that any perception of political interference could undermine international cooperation in the fight against corruption and damage investor confidence.
The organizations underscored the critical importance of ensuring the independence of the Economic and Financial Crimes Commission (EFCC) in its appeal against recent judgments related to OPL 245, calling for a continuation of principled anti-corruption prosecutions in Nigeria.
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