Mohammed Abacha Seeks Supreme Court Appeal in OPL 245 Ownership Battle

Mohammed Abacha, son of the late former military ruler General Sani Abacha, has intensified his legal fight to reclaim control of the controversial OPL 245 oil block by seeking leave to appeal a recent Court of Appeal ruling at the Supreme Court.

Abacha’s legal team, led by Senior Advocate Reuben Atabo (SAN), filed the motion on June 4, 2025, challenging the May 23 Court of Appeal decision that dismissed his claim to the oil block, which was originally awarded to Malabu Oil and Gas Ltd—a company Abacha asserts he controls.

The dispute dates back to 2011 when the Nigerian government brokered a $1.1 billion deal transferring OPL 245 to Shell and Agip, igniting a protracted legal battle. Malabu had challenged the reallocation at the Federal High Court, but Agip successfully argued the suit was statute-barred and procedurally flawed.

While the trial court initially rejected Agip’s objection, the Court of Appeal overturned that decision, citing failures by the lower court to address key issues, including fair hearing and abuse of court process.

Justice Hamma Akawu Barka led the appellate judgment, ruling in favor of Agip and setting aside the Federal High Court’s earlier ruling by Justice Binta Nyako.

In the new motion, Abacha’s lawyers are requesting permission to raise fresh legal grounds at the Supreme Court, arguing that substantial questions of law and fact remain unresolved and that denying the appeal would infringe on constitutional rights.

“It is in the interest of justice to grant this motion, especially as the respondents shall not be prejudiced,” states an affidavit by Edwin John, legal counsel for Abacha.

The OPL 245 saga, spanning over two decades, involves one of Africa’s richest untapped oil reserves. The 2011 sale to Shell and Eni has been mired in allegations of corruption and bribery involving Nigerian officials, triggering multiple investigations across jurisdictions including Italy, the UK, and the United States. However, no convictions have resulted.

Nigeria has faced several legal setbacks linked to the case, such as a $1.7 billion loss to JP Morgan in 2022 and the withdrawal of a $1.1 billion lawsuit against Shell and Eni in 2023. Former Attorney-General Mohammed Bello Adoke, cleared of all charges in 2024 relating to the deal, has accused the Abacha family of orchestrating legal challenges against him over claims of being shortchanged.