HEDA made the accusation in a letter in which it asked President Muhammadu Buhari to reject the advice of Malami to abandon the OPL 245 prosecutions in the country, saying that it has been closely following the case since 2012.
A civil society organisation, Human and Environmental Development Agenda (HEDA) Resource Centre, has accused the Attorney General of the Federation and Minister of Justice (AGF), Abubakar Malami, of misleading Nigerians.
HEDA made the accusation in a letter in which it asked President Muhammadu Buhari to reject the advice of Malami to abandon the OPL 245 prosecutions in the country, saying that it has been closely following the case since 2012.
The organisation described Malami's advice as dishonest and misleading.
In the letter addressed to President Buhari and signed by its Chairman, Olanrewaju Suraju, HEDA argued that abandoning the prosecutions would send a signal that companies are insulated from prosecution where prosecutions are likely to interrupt significant but corruptly-obtained money flows.
The group maintained that abandoning the prosecution would go against the United Nations Convention against Corruption.
HEDA further criticised the AGF's failure to give candid advice to President Buhari regarding Nigeria's international law obligations, citing what it called "the series of losses" that Nigeria has experienced in the OPL 245-related cases.
The group also cited a number of examples of Malami's alleged misrepresentations, including his assertion that the prosecutions were a lost cause and that the companies had no case to answer.
It argued that this was contradicted by Malami's approval of an appeal by the Nigerian government to the Italian Supreme Court in its civil claim against Eni and Shell in Italy.
According to the anti-corruption group, Nigeria had won its first case in London, resulting in the return of $80 million to the national coffers, while that $115 million remains frozen in Switzerland as a result of the legal team's efforts.
HEDA accused Malami of failing in his duty to provide the president with the facts necessary to make an informed decision on the matter and of being disrespectful to both the president and his office and disputed Malami's claim that the policy "summersault, litigation, and disputes" surrounding OPL 245 were deterring investors.
HEDA, therefore, warned that abandoning the OPL 245 prosecutions would constitute a breach of Nigeria's obligations under the United Nations Convention against Corruption (UNCAC) and would alarm investors who wanted to see corruption routed from the country.
However, the group expressed confidence that President Buhari would reject Malami's “misleading advice”, given the president's commitment to UNCAC and upholding the rule of law by fighting corruption.
It also expressed hope that President Buhari's successor would be as committed to the struggle and better served in the choice of Attorney General.
The OPL 245 case has been a controversial issue in Nigeria, with allegations of corruption and fraud surrounding the license award and subsequent exploitation of the oil field.