Lagos — An Appeal Court in France yesterday fined former Minister of Petroleum, Chief Dan Etete, 8 million euros (about $10.5 million), over money laundering charges.

He had, in 2007, been convicted in absentia, fined a total of 250 million euros and sentenced to three years imprisonment for using -15 million "in funds obtained fraudulently" to purchase properties in 1999 and 2000.

These included a chateau in northwest France, a Paris apartment and a luxury villa in the chic Paris suburb of Neuilly.

Etete's associate, French businessman Richard Granier-Defferre, was also convicted of complicity and sentenced to 12 months in jail and a fine of 150,000 euros.

During the trial in September 2007, Etete's French counsel, Mr. Julien Andrez, said his client had acquired the properties through legal investment companies.

Judge van Ruymbeke said then that some or all of $180 million in secret "retrocommissions" paid by Halliburton and Technip were bribes given to Nigerian officials and others to grease the wheels for the maintenance of Nigeria's refineries.

Reports said then that van Ruymbeke fingered as the bagman in the operation, a 55-year-old London lawyer, Jeffrey Tesler, who had worked for Halliburton for some 30 years.

Etete appealed the judgment and even though the fine has now been reduced drastically, he still carries the tag of a convict which, THISDAY learnt, he is likely to appeal again.

The court lifted the prison sentence and the international warrant of arrest which would have seen him arrested in any European country.

Etete, who served as minister under Gen. Sani Abacha from 1995 to 1998, is believed to be living in Nigeria.

Andrez, an Attorney at Law in Paris, told THISDAY last night that his client would definitely appeal the latest judgment.

He said: "You would recall that in November 2007, a lower French court convicted Dan Etete for money laundering and for obtaining commissions from the French oil multinational Total (now TotalfinaElf).

"He was alleged to have invested the sum of 15 euros million in France to buy a luxury apartment in Paris and a villa (or chateau) in the suburb of Neuilly.

"In passing the judgment, the lower court rescinded the constitution of the Federal Republic of Nigeria and asked him to pay a fine of 150,000 euros to the Nigerian government. It further asked him to pay a fine of 100,000 euros to the French government.

"The court further condemned Etete to a three-year prison sentence and placed an international arrest warrant on him so that he can be arrested in any EU territory.

"However, we appealed the lower court's decisions on the following grounds: One, we felt the judgment was too strong and, two, failed to take into consideration the laws that existed before 2000 when Etete was purported to have received the commissions from Total.

"So we demonstrated to the Appeal Court that under French laws the commissions given to Etete by Total were not considered illegal or could not have constituted a bribe before 2000. Essentially, this means the offence of bribery did not exist, and therefore was null and void.

"To buttress our case, we made references to a Professor's legal opinion who explained that no offence was committed of international bribery since such law did not exist prior to 2000.

"Also to be convicted for money laundering, the offender must have had either a previous case of money laundering or was a repeat offender, a category that is not applicable to Etete.

"So the Appeal Court in its ruling lifted the three-year sentence on Etete and withdrew the international arrest warrant placed on him. However, to send a strong signal that the transaction between Etete and Total was questionable, it imposed an 8 million euro fine on the former oil minister.

"However, we have been instructed by our client, Etete to appeal today's judgment at the Supreme Court which we intend to do in order to withdraw the fine imposed by the Appeal Court because the law is very clear on when the granting of commissions by a firm to another party became an offence in France.

"It should be noted that under French law, the Supreme Court can only either withdraw the judgment of the Appeal Court or uphold it. It cannot impose a new punishment on Etete."

Andrez said his client was very happy with yesterday's judgment but would proceed to the Supreme Court to completely clear his name.