Oil & Gas
The Nerve of a Super Fraud : Aiteo Slams $2.5bn Suit against Shell over Sale of OML 29
Seeks compensation As DPR Awards Kugbo West Marginal Field In OML 29 To 7 Waves Petroleum

Fortune and fraud are often in business, uneven cardinal elements; one speaks to value and the other, a vice. Fraught in its pursuit of these discordant factors, the Shell Petroleum Development Company (SPDC), has once again, waded into the eye of the storm. Ultimately, it committed the impious fraud of industry in its sale of the OML 29 to Aiteo Eastern Exploration and Production Company Limited in 2014.
The SPDC perpetrated the contradiction of a business culture that cultivates sincerity and is at the same time manifests a fraud. Ask Aiteo.
The latter has dragged Shell to court over what it alleged as “fraud, deceit, and misrepresentation” in the sale.
In a suit, FHC/ABJ/C8/738/2021, dated July 27, 2021, and filed before a Federal High Court in Abuja, by its lawyer, Kemi Pinheiro (SAN), Aiteo is claiming that the defendant breached a fundamental term of the agreement for assignment dated October 17, 2014, as set out in schedule 1 part 3 – wells, in relation to the Kugbo West and Okiori oil well s listed in schedule 1 of the agreement for assignment.
It accuses SPDC of failing to fully disclose the true nature of the oil wells to it, at the time of the sale, despite receiving the full payment for the transaction.
Shell Petroleum’s conduct was no doubt an invitation for a lawsuit. Describing the oil giant’s action as a “fraudulent misrepresentation,” Aiteo is seeking, among others, the payment of over $2 billion from Shell in general and other collateral damages as a result of the alleged lies and deceit at the time of the sale.
Trouble reared its ugly head immediately Aiteo discovered that the SPDC, from whom it bought the OML 29 in 2014, had transferred the Kugbo West and Okiori Marginal Fields to the Department of Petroleum Resources (DPR) without disclosing this during the negotiations that led to the purchase of the asset.
The flames of discord flared and burned brightly between the parties in the wake of a letter dated September 16, 2021, and titled, ‘2020 Marginal Field Bid Round Award Of Kugbo West Marginal Field Located In OML 29 to 7 Waves Petroleum Limited’, from 7 Waves Petroleum Limited, informing Aiteo that a section of the controversial OML 29 now belongs to 7 Waves, courtesy of the 2020 Oil Bid Round conducted by the Department of Petroleum Resources (DPR).
The letter signed by Daniel Alabi, Managing Director, 7 Waves Petroleum Limited, stated in part:
“7 Waves Petroleum Limited actively participated in the 2020 Marginal field bid round conducted by the Department of Petroleum Resources [DPR] and emerged as the awardee with 100 percent equity interest in Kugbo West Marginal Field in OML 29 upon payment of the statutory signature bonus. The field would be jointly operated with our partner ‘Multiplan Nigeria Ltd’.
“Our firm would be glad to discuss and engage with Aiteo Eastern Exploration and Production Company Limited being the leaseholder for OML 29 with the underlying objective of executing the required Farmout Agreement thus (to) enable our firm commence field development activities essential to meet the timeline set by the DPR.
“We would be glad to set up an introductory meeting to discuss the next steps, kindly notify our firm of a suitable date and time. Thank you for the assistance, we look forward to a mutually beneficial and long-lasting working relationship.”
Aiteo had earlier received the rude shock when DPR notified it of the new development in a letter dated August 3, 2021 and signed by Edu Inyang for Director/CEO, DPR.
The SPDC was the legal and beneficial holder of a 30 percent undivided participating interest in OML 29, which is part of the undivided percentage interest held by the defendant in conjunction with TEPING, NAOC, NNPC amongst others.
Prior to the assignment of the lease to Aiteo, Shell as the operator of OML 29 published Information Memorandum in October 2013 wherein it invited bids from interested entities for the acquisition of their joint undivided 45 percent participating interest in OML 29.
Aiteo claimed it did not only join others to bid for OML 29 but emerged successfully. “As consideration for the agreement, the plaintiff made the following respective payments of; $220,000,000.00 as deposit pending the negotiation, completion, and execution of the transaction documents and relevant agreements and the balance of 2,130,000,000.00 upon the execution of the transaction and acquisition documents and the agreement,” it stated.
The plaintiff further averred that based on the agreement for assignment dated October 17, 2014, the defendant in conjunction with TEPING and NOAC as Assignors transferred to it their entire participating interest in OML 29 together with the rights, interest, obligations thereto and in the process purportedly also transferred their participating interest in the wells, “when they knew or ought to have known that they had surrendered and given the wells to the NNPC/ the federal government about five years earlier for valuable consideration”.
While Aiteo claimed its bid for the acquisition of OML 29 was based upon a complete reliance on the representations in the electronic data room information, IM, and the Agreement, particularly as they concern the wells contained within OML 29, it noted that issues came up in 2020 when it wanted to commence work on the assigned wells.
Aiteo claimed that “In the circumstances, therefore, the plaintiff avers that the representations made by the defendant as aforesaid were made falsely, deceitfully and fraudulently with the intention of depriving the plaintiff the full benefit of the assets and the undivided 45 percent participating interest in the wells.”
Consequent upon the SPDC’s deceit, Aiteo claimed its expectations as it relates to the wells can no longer be achieved and that its financial position has been severely and adversely impacted upon, as it is unable to fully repay its alleged indebtedness to its financiers due to the wrongful actions of the SPDC.
While claiming that it paid the sum of $46.2 million for the wells, the plaintiff argued if the money had been invested in other business ventures at the rate of 9.9 percent interest rate per annum from 2014 till the commencement of the suit it would have yielded an additional sum of $52 million. Plaintiff, therefore, claimed that it is entitled to a refund of $99 million.
Aiteo is also praying the Federal High Court to order Shell Petroleum to refund to it, the sum of $46.2 million as payment attributable to Kugbo West and Okiori oil wells being money had and received for a consideration which has totally failed.
Aiteo is also asking for another sum of $52 million being the interest that ought to have accrued on the sum paid on the two wells. While it is claiming the sum of $500,000 general damages, it is also seeking the payment of $2.1 billion as the amount it would have derived from the sales of 32,000,000 barrels of crude oil and other petroleum products from the Kugbo West and 41,000,000 barrels of crude oil and other petroleum products from Okiori wells.
It would be recalled that the SPDC suffered a huge legal blow earlier in the year, as a court in The Netherlands, compelled it to compensate two Nigerian farmers for damages over 2004/2005 oil leaks.
Its alleged bullying tactics and exploitation of legal technicalities in the production and evacuation of crude oil to allegedly short-change not only the Federal Government but also local operators in the oil and gas business were clearly nipped in the law court.
The SPDC was also mired in a missing crude oil scandal by the local regulator, the Department of Petroleum Resources (DPR) through an illicit metering system, which it allegedly deployed to steal crude and cheat local operators.
Oil & Gas
Fear Grips NNPC As Dangote Allegedly Struggles To Get Approval To Operate Uncompleted Refinery

The Dangote Refinery, a significant undertaking in Nigeria, is enmeshed in new controversy. This time, there is tension between the Nigerian National Petroleum Corporation (NNPC) and Aliko Dangote, Africa’s richest man and owner of the Dangote Group, which has sparked concerns over the safety, quality, and ethics surrounding the refinery.
Inside sources have informed us that Alhaji Aliko Dangote has applied for a license to operate, which is the last step of approval before any refinery can start any form of production but NNPC, the regulatory body has hesitated to provide this license due to safety concerns, because the refinery remains uncompleted. He also approached the NNPC to purchase crude but the NNPC declined saying they cannot sell crude to a refinery that is uncompleted. It is now alleged that Dangote is trying to source Nigeria’s crude through trading houses which he would then import into Nigeria – a move that might be seen as ‘going through the backdoor.’
But even if he gets the crude, there are safety and quality concerns voiced by employees of Dangote, contractors, and some officials at NNPC. Without the completion of the refinery, there are concerns that the quality of jet fuel and diesel produced would be subpar. NNPC is anxious because substandard jet fuel and diesel could endanger lives. The refinery, as it stands, can only carry out the first phase of crude distillation which is similar to what illegal refineries operating in the Niger Delta region have been found to do. However, due to the complex nature of the Dangote Refinery, whose catalytic cracking unit is still uncompleted, the quality of the refined products is in question.
It is alleged that some staff within the Dangote Group have voiced their apprehensions regarding the move to start the refinery without its completion. Despite these valid concerns, Dangote’s response suggests a desperate need for the venture to work, potentially as a ‘matter of survival.’
Financial Strain biting hard?
Dangote is reported to be mired in significant debt, pushing the company to the brink of receivership if they don’t secure additional funds to repay certain loans by December. This financial pressure may explain why Dangote is so eager to secure a license to start operations, even with the refinery not being fully complete.
You will recall that earlier this year, the uncompleted refinery was hurriedly commissioned by the former President Buhari in order for Dangote to access additional equity funding from the Nigerian Government as well as a crude allocation of 300,000barrels per day which insiders say would have been sold to raise cash for creditors and partly fund the completion of the refinery. This crude allocation was however put to a hold when the new Government of President Tinubu was sworn in, and it was discovered that the refinery was far from being complete but was falsely commissioned in order to take the crude allocation and sell outside the country.
The standoff between Dangote and the NNPC underscores a broader issue of safety, quality, and financial security that have bedevilled the Dangote refinery project. With concerns over substandard products potentially jeopardizing lives of workers at the uncompleted refinery and nigerians in general, and a major business figure risking immense financial losses, the resolution of this impasse will have far-reaching implications for Nigeria’s oil industry.
Oil & Gas
Hold Subsidy thieves accountable for their actions — Showunmi Tells Tinubu

The elstwhile governorship candidate of People’s Democratic Party, PDP in Ogun state, Otunba Segun Showunmi has tasked President Asiwaju Bola Ahmed Tinubu to go after subsidy thieves who melted hardship on the poor masses during the previous administration today 1st of June 2023.
According to his Facebook page post:
Oil Sector deregulation — we are here now!
We have inadvertently created a country where those who abused the subsidy regime are allowed to get away with their crimes against humanity with the economic sabotage they caused and yet the poor will carry the burden in such an unfeeling, lacking in empathy anti-people policy, while the shylocks parading as oil cabals live on the agony of the masses.
A reasonable government must demand accountability for the mess created and send those culpable to jail. It is not enough to pass the burden of their greed and criminality to the people.
Capitalism cannot be a crime without consequence. The poor cannot always clean up the mess created by voracious and greedy players in the oil sector.
Otunba Segun Showunmi.
Oil & Gas
Expectations About Dangote Refinery Inauguration Are Extremely Exaggerated

From Editorial Board, Africa Oil+Gas Report
The ceremony around the planned visit by the Nigerian President to the Dangote Refinery on May 22, 2023, will peak with a cutting of the ribbon, inaugurating the 650,000 Barrels per stream Day Plant, located in the Eastern flank of Lagos, the country’s commercial city.
Everyone, it seems, look forward to the production of petroleum products from the plant after that symbolic activity.
But it will not happen.
As President Muhammadu Buhari leaves office a week after commissioning one of the largest single train hydrocarbon processing plants on the planet, he could be forgiven for believing he had had his wish to be in such a large place but technology does not sit well with politics.
The ongoing technical commissioning process has not gotten anywhere close to the point of introducing raw hydrocarbon into the plant, let alone delivering petroleum products.
One key challenge of Nigeria’s chattering classes is that they hardly look up the regulation. Hydrocarbon will be introduced only when the Nigerian Midstream Downstream Regulatory Agency (NMDPRA) approves and issues Licence To Operate the Refinery to Dangote.
Speculations about inauguration and commissioning are just, well, speculations. Both words do not appear anywhere in the Procedure to License a Refinery in the Nigerian law.
The three stages are:
License to establish a Refinery
Approval to construct Refinery
License to Operate the Refinery
Nowhere does inauguration or commissioning appear.
So the Refinery can be inaugurated or commissioned as the Licensee desires, as long as no attempt is made to operate the Refinery by introducing crude oil and make products for sale, it does not concern NMDPRA.
The claim that some “large sub-sea pipeline infrastructure connected to Oil and Gas blocks in the Niger Delta region for supply of crude feedstock” is a false narrative. What’s in the plan is that Single Point Mooring (SPM) buoys will play the transportation role in input crude delivery and output petroleum products.
We live in a society where optics trumps everything. Buhari has been president for 8 of the 9 years that the Refinery project has been on. What is wrong with Dangote asking the President to inaugurate the Refinery so his name is on the marble when the Refinery becomes fully operational? Afterall no law will be breached by such gesture?
That said, Aliko Dangote the billionaire owner of the Refinery is determined that the 19billion-dollar project, the second of his three, hydrocarbon processing mega projects (Fertilizer, Refinery and Petrochemicals) is delivered by end of 2023.
The technical work has gone far, involving trial-running every single equipment, which has taken a while because of the lengthy time of construction. Some equipment were installed six years ago, and were just standing there in the air, water or even underground. Anything, literally could have happened.
As of February 2021, the installation of the Crude Distillation equipment had been completed. So had the kitting up of the Residue Fluid Catalytic Cracking Unit (RFCCU).
Supply chain challenges thrown up by the COVID-19 did slow down work, but the construction of Africa’s largest hydrocarbon processing factory picked up steam again in mid-2021.
“The electrical and instrumentation works are usually invisible to the gaze of non-refinery workers, but they are key. Their installation needed extreme care and it consumes over 30% of the Refinery construction time,” say several managers familiar with the project.
“A lot of our contractors are Chinese. Those who went home couldn’t come back quickly, but the project workflow recovered and those installations especially that of the Crude Distillation Column, which arrived Nigeria in December 2019 were expedited.
“We will have 15 process units in the Refinery and they must all work together” the managers tell us.
The operations planning will emphasize the mantra at the commissioning: we must flow everything out with air, then do it with water, then with steam, them with air again”. This is all to ensure that the likelihood of moisture absorption is zero, as the contrary will lead to cracks.
“The equipment must be pickled. What that does is that it oxidizes the facility”. The Dangote Refinery is significantly an Indian supervised operation.
But a significant percentage of the 1,000 Nigerian engineers sent to training in India for the eventual operations of the facility, have returned and are currently engaged on site.
The relationship between the Nigerian crude oil refining sector and Indian engineering expertise goes back to 1988, when the second (larger) refinery in Port Harcourt, the major city in the country’s oil producing Delta region was being constructed.
“Some of the experts working on Operations Planning were part of the construction of the Port Harcourt Refinery 35 years ago”, our sources say.
Mr Dangote initially announced the likelihood of the project in 2013. But it was at the All-Convention Luncheon at the Annual Conference of the Nigerian Association of Petroleum Explorationists NAPE, in November 2014 that he provided the first relatively comprehensive details of the facility. He told the roomful of geoscientists that the capacity had increased from 500,000 BSPD to 650,000 BSPD.
Dangote Industries was advised by Jacobs Engineering and it licensed the Honeywell UOP for the basic engineering design. On a daily basis, the facility will have the capacity to produce 59million liters of gasoline, 20million litres of kerosene and 9million litres of diesel and others.
The construction has taken a while and has been the most excruciating economic challenge Nigeria has ever faced. Would Dangote Industries have delivered this project much earlier if it had awarded it to a world- class EPC contractor like Bechtel, TechnipFMC, Siemens, KBR?
“Yes”, said Alex Ogedengbe, a retired Group Executive Director at NNPC who was involved in the construction of the Warri and Port Harcourt Refineries in the 1980s. “There are just about six or seven such EPC contractors in the world,” he explained. Mr Ogedengbe was speaking at a private webinar organized by oil and gas analyst, Ronke Onodeko in April 2020.
Dangote sources maintain that the cost would have been at least 30% higher if that route had been taken. And while it could be argued that Dangote Industries could have had good value for money if a Bechtel or KBR had handled the construction, multiple sources argue that the delay could have been minimized if the current structure had been in place since inception. The company went into this project with the mindset of constructing a cement plant, which was its major competence before this huge assignment. “We wasted the most time at the engineering stage”, one manager recalls. “A reputable EPC contractor would still have hired expertise from outside like we are doing and subcontract several units. Dangote Industries bought brand new equipment for this work; an EPC contractor might not have even done that, but it would have coordinated things better at the outset.”
One more advantage of building it yourself: all the equipment you purchase for logistics and construction purposes are yours.
Everyone we spoke to agreed that things began to take very good shape when Giuseppe Surace came along. The Italian engineer who had been Chief Executive of Saipem in Nigeria and Brazil, joined the project in June 2017 as the Chief Operating Officer. “On the factory floors, in the Executive Offices, everywhere on site, the consensus is that one of the best decisions that Aliko Dangote made was Surace’s appointment. “He saved the project” said our sources.
A highlight of the swirling speculations around President Buhari’s impending visit is the description of how crude oil will be pumped into the Refinery. One widely circulated message talks of
large sub-sea pipeline infrastructure connected to Oil and Gas blocks in Niger Delta region for supply feedstock “.
This is a false narrative.
The truth is that Single Point Mooring SPM buoys will play a huge role in input crude delivery and output petroleum products. There are three of them either way. Three SPMs will deliver the input crude oil from vessels into a jetty from which it is pumped into the plant. And three SPMs will ferry petroleum products out to vessels on the sea for export. “We have facility to evacuate through roads, we have large loading capacity (103 loading terminals) and we can evacuate 75% of our production through road and we can evacuate 75% of our production through the sea so that if we want to export”, Dangote officials have repeatedly explained.
“Within Nigeria, we can evacuate to Warri, Port Harcourt, Calabar and so on, those options are available”, the officials say.
On the table is the idea of a 6-lane road through Epe, a town in the east of Lagos. But what of the supply of the product to Lagos? Will some of it be through Lekki Expressway? The subject of the quality of Nigerian roads to take in the products, through land tankers is still a fraught one.
Editorial, Oil+Gas Report
