The struggle continues: Please show compassion for the widows of the Ogoni 9

JANUARY 16, 2023 BY ANDY ROWELL BLOG POST

Extracts

When the Nigerian writer and activist Ken Saro-Wiwa was murdered in 1995 along with eight other colleagues, his reported final words were: “Lord take my soul, but the struggle continues”.

Saro-Wiwa and the others had been campaigning against Shell’s ecological destruction of Ogoniland. Thirty years ago this month, on January 4 1995, some 300,000 Ogoni, some sixty per cent of the population, peacefully protested against the oil giant’s activities. At the time, it was the largest mobilisation against an oil company worldwide. read more

DW.COM

Shell’s Niger Delta cleanup: Ogoniland’s uncertain future

A Dutch court in January ruled that Shell had polluted the Niger Delta and ordered the energy giant to pay compensation. But many are now questioning whether it is enough to put right the misery suffered by the people.

The conflict between the indigenous people of Ogoni in Nigeria’s Niger Delta is a perennial one.

This year’s court ruling by an appeals court in the Netherlands — in favour of Milieudefensie/Friends of the Earth Netherlands and four Nigerian farmers — was heralded by some of them as justice. read more

1 Mar 2021: Author: Channa Samkalden, Prakken d’Oliveira

Lawyers’ insights on corporate legal accountability: Channa Samkalden, Prakken d’Oliveira, Netherlands

Channa Samkalden reflects on the decision of the Hague Court of Appeals in the lawsuit against Shell in the Netherlands regarding oil pollution in Nigeria.

1.Why is this case important?

The case is important because it was one of the first cases to argue parent company liability – and (as far as I know) it became the first where a parent company duty of care for the activities of a subsidiary abroad was indeed established. Oil pollution in the Niger Delta has been an immense problem for decades – and Shell has never really been held accountable for it. A crucial first step was taken in 2015 when the Court of Appeal of The Hague confirmed the jurisdiction of the Dutch courts and opened the route to justice for the Nigerian farmers and Friends of the Earth. Five years later the court concluded that Shell Nigeria must pay compensation and that Royal Dutch Shell must see to it that a Leak Detection System is installed on the Nigerian pipeline. read more

Shell’s past sins in Nigeria catching up with the oil giant at last

The recent UK Supreme Court judgement represents a major defeat for Shell after decades of evading legal retribution for its evil plunder and pollution in Nigeria.  

The crusading solicitors Leigh Day (London) – the scourge of errant corporations, brought the action against Shell on behalf of Nigerian communities impacted over many years by Shell’s horrific environmental legacy in Nigeria. 

My help was sought by Leigh Day in bringing the action after Leigh Day discovered “invaluable” information on my website royaldutchshellplc.com.  read more

Niger Delta oil spills: Dutch court rules Shell Nigeria responsible

Nigerian farmers have long complained of the poisoning of fish ponds and farmland.

Friday 29 January 2021 13:26, UK

Oil giant Shell’s Nigerian subsidiary is responsible for oil pipeline leaks in the Niger Delta, a Dutch appeals court has ruled.

It was ordered to pay unspecified damages to farmers who have long complained of the poisoning of fish ponds and farmland.

The decision – in a long-running legal dispute between Royal Dutch Shell (commonly known as Shell) and Nigerian farmers – could pave the way for more cases against the Anglo-Dutch energy company. read more

Nigerian farmers take on Shell in landmark oil spill case

OCT 9, 2020 10:15 AM PHT: AGENCE FRANCE-PRESSE

THE HAGUE, NETHERLANDS

Anglo-Dutch oil giant Shell faces a case over 3 spills which occurred in the 2000s around the southeastern Nigerian villages of Goi, Oruma, and Ikot Ada Udo

Lawyers for 4 Nigerian farmers accused Anglo-Dutch oil giant Shell on Thursday, October 8, of causing widespread pollution in a landmark court case filed in the Netherlands.

The farmers first filed suit in 2008, demanding Shell clean up devastating oil spills in 3 villages in the Niger Delta, prevent further pollution, and pay compensation. read more

Nigerian farmers take on Shell in landmark oil spill case

Lawyers for four Nigerian farmers accused Anglo-Dutch oil giant Shell on Thursday of causing widespread pollution in a landmark court case filed in the Netherlands.

The farmers first filed suit in 2008, demanding Shell clean up devastating oil spills in three villages in the Niger Delta, prevent further pollution and pay compensation.

Two of the farmers have since died, as Shell spent years arguing that the case, backed by Dutch environment group Milieudefensie, should not be heard in the Netherlands. read more

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Esther Kiobel expresses her sincere thanks to Amnesty International and other parties supporting her Dutch lawsuit against Shell

A heartfelt message of thanks from Esther Kiobel

It has been a very hard road and long, long journey in the fight for fundamental rights of my late husband, Honorable Dr. Barinem Nubari Kiobel and other distinguished Ogonis who have suffered the most horrific abuses or murdered by the former Nigerian junta to help their exclusive collaborators. Shell Oil Corporation continue the exploitation of Nigerian crude oil resources under the most reckless human rights abuses ever imagined. read more

PODCAST LINK

In 1995, the Nigerian government executed the Ogoni Nine – environmental activists who were trying to fight Shell’s exploitation of their homeland. Now, four widows are taking the oil company to court. And: Dan Sabbagh on the ramifications of Trump’s shock decision to withdraw from the Turkish-Syrian border

How to listen to podcasts: everything you need to know

Presented by Rachel Humphreys with Kate Hodal, Esther Kiobel, Channa Samkalden and Dan Sabbagh, produced by Gary Marshall; executive producers Nicole Jackson and Phil Maynard read more

“We know that Shell had its own surveillance operation and that these operatives had received training from Nigeria’s Internal Security Agency, which itself was directly responsible for a number of human rights violations, such as arbitrary killings, rape, destruction of property, burning of homes — not just crimes under international law or human rights violations, but also crimes under domestic law.”

kwbu 103.3FM Heart of Texas Public Radio: Living on Earth: July 05, 2019 · 11:00 AM EDT: Writer Adam Wernick: This article is based on an interview that aired on PRI’s Living on Earth with Steve Curwood.

Esther Kiobel (centre) and Victoria Bera (right) with their lawyer Channa Samkalden for the verdict at the court in The Hague. Photo: Bart Hoogveld for the FD (the Dutch Financial Times)

This May, Esther Kiobel came one step closer to justice in her battle against the Royal Dutch Shell Oil Company. read more

A Dutch court ruled that it has jurisdiction to hear a damages suit brought against Royal Dutch Shell by four widows of the Ogoni Nine, environmental activists executed by the Nigerian government in 1995.

The four widows accuse Shell of being complicit in a crackdown by the government against peaceful protesters in Ogoniland, in the Niger Delta.

The judges at the Hague District Court said they will allow the suit to go forward, though the claimants must still prove their case against Shell. Shell denies wrongdoing in the case that has gone on for decades. read more

Esther Kiobel and John Donovan, 28 April 2019, days before a Dutch court ruled in favour of Esther and her co-plaintiffs in an action against Shell allowing their case to proceed

By John Donovan

In 1996, Shell used the sinister specialist services of what could be described as an in-house spying resource set up by former MI6 officers, Hakluyt & Company Limited with titled Shell directors acting as the ultimate spymasters.

At that time, Sir William Purves was Chairman of Hakluyt & Company Limited and Sir Peter Holmes, a former Chairman of Shell, was President of the Hakluyt Foundation. Both were also major shareholders in the corporate spy outfit, while also being Shell directors.

Hakluyt was allegedly set up to carry out “deniable” corporate espionage operations.

A German-born secret service agent Manfred Schlickenrieder working undercover for Hakluyt was sent to Nigeria on a mission relating to allegations of environmental damage caused by Shell’s oil drilling in Ogoniland.

Extracts from a related front-page article published by The Sunday Times in 2001 under the headline MI6 ‘Firm’ Spied on Green Groups:

Schlickenrieder sometimes posed as a left-wing sympathizer and documentary filmmaker.

He also tried to dupe Anita Roddick’s Body Shop group to pass on information about its opposition to Shell drilling for oil in a Nigerian tribal land.

His company was a one-man band with a video camera making rarely seen documentaries.

He made a film on Shell in Nigeria called Business as Usual: the Arrogance of Power, during which he interviewed friends of Ken Saro-Wiwa, the Nobel prize nominee, who was hanged by the military regime in 1995 after leading a campaign against oil exploration. Schlickenrieder sent a letter to a Body Shop executive saying he had been researching the activities of Shell in Nigeria…

Fouad Hamdan, communications director of Greenpeace Germany, said: “The bastard was good, I have to admit. “He got information about our planned Atlantic Frontier campaign…”  He added: “Manfred filmed and interviewed all the time…”

The Sunday Times article is short on dates and information about what Shell’s undercover agent was up to in Nigeria, but it was at a time when litigation was being contemplated against Shell by relatives of Ken Saro Wiwi and Ogoni Nine widows.

Perhaps information about the purpose and timing of his spying mission in Nigeria will be contained in the confidential Shell internal documents the Dutch Court has ordered to be handed over to Esther Kiobel and her co-plaintiffs. Sight of his briefing by Shell/Hakluyt could be very revealing.

Part of the Kiobel & Co Dutch case against Shell relates to alleged Shell bribing of witnesses in the Ogoni Nine trial, which ended with the hanging of all nine individuals, including Ken Saro-Wiwi and the beloved husband of Esther Kiobel, Dr Barinem Kiobel.

Salient extracts from the Wikipedia article “Ogoni Nine”

The executions provoked international condemnation and led to the increasing treatment of Nigeria as a pariah state…

At least two witnesses who testified that Saro-Wiwa was involved in the murders of the Ogoni elders later recanted, stating that they had been bribed with money and offers of jobs with Shell to give false testimony – in the presence of Shell’s lawyer.

Shell’s close association with former MI6 people has continued through the years. They always seem to be lurking in the shadows.

I am in possession of irrefutable evidence that an ex MI6 man Ian Forbes McCredie,  hired by Shell to be head of Shell Global Security, was also part of Hakluyt & Company.

More recently, Ben van Beurden, the current Chief Executive of Royal Dutch Shell Plc mentioned in a telephone conversation that Shell had hired former MI6 people in connection with the OPL 245 oil deal. He did not know that the conversation was being covertly recorded by OPL 245 investigative authorities.

Two of the defendants in the current OPL 245 criminal $1.3bn  corruption trial against Shell in Italy are indeed former MI6 agents; namely John Copleston and Guy Colegate.

Would someone kindly explain how any of this sinister and unscrupulous activity is compatible with Shell’s claimed core business principles, including honesty, integrity and transparency?

ARTICLE ENDS

Disclosure by the author of this article: The lead claimant Esther Kiobel, her lawyer Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing *this case. (*See Writ of Summons in English and Dutch served on Shell 28 June 2017 – copy obtained from US Pacer public electronic court records) As Esther generously said on 28 April 2019, the Dutch case would not have happened without the help of John Donovan.  read more

The four widows claim that the Shell operating company has bribed eight witnesses. Those witnesses are said to have played an important role in the conviction, and thus have the death of their spouses partly on their conscience. Shell has always denied this. So the judge wants more evidence that the eight people have been bribed. “That could be done by hearing witnesses, for example.”

Printed below is an English translation of an article published today by the Dutch FT, Financieele Dagblad.

Carel Grol

Four Nigerian widows who litigate against Shell RDSA € 28.48 + 1.24% must provide tougher evidence. The court in The Hague ruled on that on Wednesday morning.

The Nigerian women Esther Kiobel (m) and Victoria Bera with their lawyer Channa Samkalden for the verdict at the court in The Hague. They are two of the widows who take Shell to court for the executions of their husbands in 1995. Photo: Bart Hoogveld for the FD

The case revolves around the execution of nine men from the Ogoni tribe in 1995. Widows of four of them are going to trial against Shell. The oil company is said to have conspired with the Nigerian state and to be partly responsible for the death of the nine men, the women claim. read more

Barinem was hanged in November 1995. He had spoken out against the enormous pollution of Ogoniland, an area in southeastern Nigeria where Shell won oil. Eight others were hanged with him, including writer Ken Saro Wiwa. They were called the Ogoni 9.

Printed below is an English translation of an article published today by the Dutch FT, Financieele Dagblad.

Nigerian Esther Kiobel (center) and Victoria Bera (right) with their lawyer Channa Samkalden for the verdict at the court in The Hague. Photo: Bart Hoogveld for the FD

Carel Grol

Esther Kiobel is a combative grandmother. And happy, too. In fact, she feels “great” in the wide and high corridor on the second floor of the palace of justice in The Hague.

She has just heard that the Dutch court is handling her case. The trial that she and three other ladies, all widowed, filed against Shell. It is an intermediate step in her search for justice that has been going on for more than two decades and takes place on three continents. read more

Esther Kiobel, right, and Victoria Bera, centre, whose husbands were among nine men killed in Nigeria in 1995, with their lawyer Channa Samkalden after the hearing in The Hague. Photograph: Robin van Lonkhuijsen/EPA

Wed 1 May 2019 13.33 BST

A Dutch court has ruled that it has jurisdiction to determine whether Royal Dutch Shell was complicit in the Nigerian government’s execution of the Ogoni Nine, environmental protesters who fought against widespread pollution in the Niger Delta.

In a 50-page ruling hailed by campaigners as an “important precedent” for global human rights cases, judges at The Hague’s district court said on Wednesday that they would allow the case to go forward, also indicating that the claimants – widows of four of the activists – would be able to bring further evidence to prove their case. read more

LONDON, Sept 23 (Reuters) – Royal Dutch Shell pioneered Nigeria’s oil and gas industry and remains a major investor in the West African country. But over the decades it has come under fire over spills in the Delta region and struggles with oil theft, corruption and oil-fueled violence.

Following are some of the highlights of Shell’s history in Nigeria:

1936 – The Royal Dutch Shell Group establishes a Nigerian venture with the precursor company of BP Plc. The first shipment of oil from Nigeria takes place in 1958. read more