An Italian Appeals Court has upheld an eight-month prison sentence for Milan prosecutors Fabio De Pasquale and Sergio Spadaro, ruling that they failed to file important documents that could have supported energy giant Eni’s defense in an international corruption trial.
The verdict, confirmed Thursday by judges in Brescia, sustains last year’s ruling that De Pasquale and Spadaro neglected their legal duty by withholding evidence during the high-stakes trial surrounding the controversial OPL 245 oil block deal.
Before the verdict was delivered, prosecutor Spadaro read a detailed statement, insisting there was “no refusal, no omission” and affirming that the prosecutors acted “according to conscience and law.”
Their lawyer, Massimo Dinoia, immediately announced plans to appeal to Italy’s highest court, the Court of Cassation.
The case traces back to accusations that vital proof including a video recorded by a former Eni external lawyer was deliberately excluded from trial proceedings. The Milan court, which acquitted Shell and Eni in 2021, emphasized that the omitted evidence was relevant and should have been submitted.
The OPL 245 saga has seen multiple legal battles spanning Italy, the UK, and Nigeria, with all fraud allegations ultimately dismissed. In March 2021, defendants including Eni and Shell were acquitted in what was regarded as one of the largest corruption scandals involving the $1.3 billion acquisition of a Nigerian oilfield.
However, the Brescia court, led by Judge Roberto Spanò, underscored that state prosecutors De Pasquale and Spadaro had a clear legal obligation to present all evidence, especially those benefiting the defense. By withholding such documents, the court ruled, the prosecutors violated defendants’ rights.
Notably, De Pasquale was demoted in May 2024 by Italy’s Superior Council of the Judiciary for “lack of impartiality and fairness” in his handling of the prosecution.
The case also reignited scrutiny around Mohammed Bello Adoke, former Nigerian Attorney-General and Minister of Justice, who accused Italian prosecutors of concealing evidence that could have cleared him of bribery charges related to OPL 245.
Adoke claimed that key documents, including property ownership records linked to alleged bribes and mortgage transactions, were deliberately hidden or falsified to create a misleading narrative during the trial.
In Nigeria, Adoke was cleared of fraud, bribery, and conspiracy charges by the Federal Capital Territory High Court, which criticized the Economic and Financial Crimes Commission (EFCC) for pursuing “frivolous” allegations.
Alongside Adoke, other defendants, including Malabu Oil & Gas Ltd, Shell subsidiaries, and associated individuals, were acquitted in the Nigerian legal proceedings.
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