The case dates back to December 2021, following a request from Esperaza, which requested the revocation of the seizure of the balances it held in its account, in the amount of almost 83 million euros.
The money, which had been seized in April 2021, within the scope of judicial investigations related to the businesswoman, Isabel do Santos, daughter of former president José Eduardo dos Santos, was considered by the court as belonging exclusively to Sonangol.
In the order signed by Ivo Rosa, to which Lusa had access, the judge concludes, in the light of new evidence, that neither the amounts seized from Esperaza's bank accounts constitute the product or advantage of a crime of breach of trust, corruption nor the banking operations in question constitute money laundering manoeuvres.
The amount in question resulted from dividends paid to Esperaza by Amorim Energia.
In July last year, a court in the Netherlands had already ruled in favor of the state oil company, recognizing Sonangol as the sole owner of Esperaza Holding BV, in a dispute between the company and Exem Energy.
This 'joint venture', in which Sonangol held 60 percent of the shares and Exem the remaining 40 percent, controls 45 percent of Amorim Energia which, in turn, is Galp's leading shareholder (with 33.34 per percent of the share capital).
The dispute concerned the 40 percent stake that Exem held in Esperaza, the vehicle through which the oil company made a large and successful investment in Galp in 2006 and which were allegedly ceded by Sonangol, with the oil company been reinstated as a sole shareholder.
Judge Ivo Rosa concluded after analyzing the facts that the amounts in question belong to the applicant (Esperaza) and, indirectly, exclusively to Sonangol, resulting from a lawful operation – distribution of dividends.
"Therefore (...) the bank balances in question cannot be declared lost in favor of the State or that they are the product or advantage of the crimes under investigation", so the requirements for precautionary seizure of Esperaza's bank balances are no longer maintained, their withdrawal was determined.
The order mentions that Exem's participation was considered legally non-existent, as it was based on a null and void business, due to an offense against Dutch public policy.
It also addresses the disputes between shareholders regarding dividends and directors, including Mário Leite da Silva, Isabel dos Santos' trusted man, suspended from the administration following a judicial inquiry into Esperaza's management and procedures between 21 December 2006 and March 13, 2020, as well as the suspension of banking operations of several accounts of people with connections to Isabel dos Santos, her former manager Mário Leite da Silva and Sindika Dokolo, her husband (now deceased).
On 26 August 2020, the Esperaza shares held by Exem (which had Sindika Dokolo as owner and final beneficiary) were seized and the company was considered a suspect in pending criminal proceedings.
