An Italian court has ruled against ENI in a defamation lawsuit filed against investigative journalist Claudio Gatti and the media company Società Editoriale Il Fatto SpA regarding the Malabu oil scandal. Justice Francesca Giacomini of the Court of Rome, in her December 7, 2024 ruling, affirmed that the publication of truth cannot constitute defamation and ordered ENI to cover the legal costs.

The lawsuit, filed in 2019 and registered under case number 67819, involved ENI SpA as the plaintiff, represented by attorneys Sara Biglieri and Luca De Benedetto from the Milan Bar Association, and Roberto Fabio Lipari from the Rome Bar Association. ENI accused Claudio Gatti and Il Fatto SpA of defamation in connection with Gatti’s book ENIGATE, which delves into the Malabu oil scandal.

The defendants, journalist Claudio Gatti, an Italian-born investigative reporter based in the United States, and the publishing company Società Editoriale Il Fatto SpA, were represented by lawyers Caterina Malavenda of the Lodi Court and Valentino Sirianni of the Rome Court. ENI sought €5 million in damages, claiming that the book presented an "incorrect, incomplete, and misleading" narrative about the acquisition of exploration rights to oil block OPL 245, portraying a "false representation of reality."

ENI further requested the immediate withdrawal of ENIGATE from circulation and sought to prevent the publication and distribution of additional copies. The company argued that the book reflected the author’s bias and a lack of understanding of the technical and historical aspects of the matter.

The Malabu oil scandal dates back to 1998 when Malabu Oil & Gas Ltd was awarded an oil prospecting license (OPL 245) by the late Nigerian military ruler Sani Abacha. The license was revoked in 2001 by President Olusegun Obasanjo, seemingly unrelated to the interests of Dan Etete, a former Minister of Petroleum under Abacha and a key figure in Malabu.

Following years of legal disputes, an out-of-court settlement in 2006 reinstated the block to Malabu. This decision was later implemented in 2011 under President Goodluck Jonathan, enabling Shell and ENI to acquire the block for $1.3 billion in a government-brokered deal. However, international watchdogs alleged fraud in the settlement, prompting investigations and legal actions in Italy and the UK. Despite these allegations, courts ultimately acquitted all defendants, including ENI and Shell.

Justice Giacomini’s ruling emphasizes the importance of press freedom and investigative journalism, particularly in cases involving corporate accountability. The court's decision underscores that truthful reporting, even on contentious issues, cannot be prosecuted as defamation.