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Posts under ‘Bribery’

Esher Kiobel v Shell article published in Dutch FT

The Nigerian Esther Kiobel will drag Shell before the Netherlands courts in a civil lawsuit. She holds the oil company responsible for complicity in the death of her husband Barinem Kiobel in 1995. Kiobel has returned to the US courts years after a legal action against Shell. With a view to a trial in the Netherlands Kiobel requested access to documents in the American action that were introduced by Shell. Kiobel claims these documents can prove that Shell colluded with the Nigerian regime to commit human rights violations. A US judge has approved in late December a request to use the documents in a Dutch court. The Dutch lawyer Channa Samkalden representing Kiobel in the Netherlands, says that the aim is to start the case in the Netherlands’ in the first months of this year.  “In the case going to Shell’s liability will be due to the role of the company at the events that led to the death of Kiobels husband,” says Samkalden.

Human Rights Violations

Barinem Kiobel along with environmental activist Ken Saro-Wiwa and seven others who were protesting against oil exploration in the Niger Delta, were executed by the Nigerian military. Because Shell according to Kiobel supported and provided funding to the army in the fight against groups protesting against oil companies in the Niger Delta, the company was complicit in his death.

In 2009, Shell settled a US case for more than $ 15 million with some relatives of the executed Nigerians, who were known as the Ogoni nine, but the case of Kiobel did not lead to a settlement. The US Supreme Court, however, ruled in 2013 that it had no jurisdiction to rule on her claims.

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Resurrection of Kiobel v Royal Dutch Shell litigation

32 page U.S. Federal Court Order dated 20 December 2016 

U.S. Related FederalCourt Order dated 6 January 2017

Shell is being buried up to its corporate neck in a toxic swamp of current or pending litigation arising from its activities in Nigeria.

In 2013 Shell thought it had killed Nigeria related long-standing litigation in the U.S. courts when the U.S. Supreme Court decided that the Alien Tort Claims Act does not apply extraterritorially

Esther Kiobel was the bitterly disappointed lead plaintiff seeking justice in the USA on human rights grounds against a company she considers to be evil. She holds Shell responsible for the murder of her late husband, Ogoni leader Dr Barinem Kiobel.

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OPL 245: Shell and Eni executives set to be arraigned

By John Donovan

The Nigerian Economic and Financial Crimes Commission has reportedly launched a manhunt for Dan Etete, the former Nigerian Minister of Petroleum Resources.

Etete has been charged in Italy and Nigeria with alleged money laundering and fraud.

A senior detective at the EFCC says that Etete seems to be on the run.

Shell and Eni and some executives of both companies are set to be arraigned in a Milan court.

Dan Etete turns on his accomplices Eni and Shell

By John Donovan

The Premium Times reports that “Dan Etete, a former Minister of Petroleum caught at the heart of the $1.1 billion Malabu Oil scandal, has accused the Nigerian government of leaving out Shell and Agip in the criminal charges it filed last week.”

The same article went on to state that “Although Shell and ENI have repeatedly claimed they did not know the money was going to end up with Malabu, investigations in Nigeria and Italy, as well as leaked documents, revealed that claim to be false.”

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Shell’s complicity in human rights abuses in the Niger Delta


By John Donovan

As we approach the start of 2017, Shell’s conduct in Nigeria is coming under intense scrutiny by prosecution authorities and is also the subject of civil litigation, both current and pending.

The charges include corruption, environmental contamination, and gross human rights abuses, including cruel, inhuman, and degrading treatment. 

Shell senior management cannot say that it was not warned. The following is an extract from a letter sent in February 2012 to Shell executives in London, Nigeria and Den Haag.

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ENI AND SHELL TO BE PROSECUTED OVER OPL 245 $1.1 BILLION CORRUPTION SCANDAL

By John Donovan: 24 December 2016

A translation of a 12-page final report by Italian prosecutors reveals that following an extensive investigation, they intend to prosecute ENI and their apparent accomplice Shell for their roles in the OPL 245 $1.1 billion corruption scandal.

ENI seems to have been the lead partner in crime.

The following extracts are from an article published today by PremiumTimes.

The investigations also revealed that contrary to claims by Shell and Eni, officials of the Italian firm negotiated with former Nigerian petroleum minister, Dan Etete, and definitely knew the money they were paying to the Nigerian government would end up in Malabu accounts controlled by him.

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Corruption of Police by Shell

Corruption of Police by Shell

Printed below is an extract from a current submission to The Pitchford Inquiry by the Shell to Sea organisation in Ireland. As can be seen, it very much involves Shell.

The Pitchford Inquiry is investigating undercover policing activities in England and Wales. Pressure is mounting to also cover the activities of undercover British police in Ireland.

EXTRACT FROM THE SUBMISSION

Corruption of Police by Shell

In March 2013 Shell to Sea  contacted a reporter in the London-based Observer newspaper regarding a series of allegations which had appeared consistently since September 2012 on a website co-founded by John Donovan and his late father Alfred, available at www.royaldutchshellplc.com. It took from March until publication on 11 August to research and legal-proof the article written by award-winning journalist Ed Vuillamy                            (http://www.theguardian.com/books/2013/may/18/ed-vulliamy-ryszard-kapuscinski-award) under the heading ‘Strange tale of Shell’s pipeline battle, the Gardaí and £30,000 of booze’. http://www.theguardian.com/world/2013/aug/10/shell-pipeline-protests-county-mayo  While the reportage of alcohol provision to the police came as no surprise, we find the claim made by Mr Neil Rooney of OSSL as quoted below to be, indeed, sinister:

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Nigerian parliament opens inquiry into long-disputed Shell, Eni oil field

Nigeria’s lower house opened an investigation on Tuesday into an offshore oil field owned by Royal Dutch Shell and Eni, the latest inquiry into their acquisition of the OPL 245 license block which could hold up to 9.23 billion barrels of oil, according to industry figures.

Earlier this year the Dutch and Italian authorities launched their own investigations.

The acquisition in 2011 was a “breach of due process that resulted in monumental revenue loss to the country,” said Yakubu Dogara, speaker of Nigeria’s House of Representatives.

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Shell seeks to block Nigeria pollution claims in London court

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By AFPPUBLISHED: 18:20, 22 November 2016

Anglo-Dutch oil giant Shell on Tuesday urged a High Court judge in Britain to block pollution claims brought against it by more than 40,000 Nigerians, demanding the case be heard in Nigeria instead.

Lawyers for the claimants are demanding action from Shell to clean up oil spills that have devastated their Niger Delta communities for decades.

But Royal Dutch Shell lawyer Peter Goldsmith told High Court of England and Wales judge Peter Fraser that the cases concerned “fundamentally Nigerian issues”, and shouldn’t be heard in London.

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Polluted water in hand, Nigerian king takes Shell to court in London

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By Editor   |   22 November 2016  

King Emere Godwin Bebe Okpabi holds up a plastic bottle containing contaminated water from his community in Nigeria, proof of oil pollution that he blames on Royal Dutch Shell — and on which he hopes a London court will deliver justice.

“My people are drinking this water,” said the tribal king of the Ogale community in the oil-rich Niger Delta.

Okpabi has flown to London for a High Court hearing on Tuesday in which lawyers for more than 40,000 Nigerians are demanding action from Shell to clean up oil spills that have devastated their communities for decades.

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Nigerian farmers, fishermen sue Shell in UK over pollution

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screen-shot-2016-11-08-at-20-51-26By ASSOCIATED PRESS22 November 2016 

LONDON (AP) — Emere Godwin Bebe Okpabi, leader of Nigeria’s Ogale people, unpacked four bottles of water from his homeland and lined them up on a table to show why his subjects are suing Royal Dutch Shell in a London court.

The Nigerian water is contaminated with oil and cancer-causing compounds such as benzene. It’s what his people drink every day.

Britain’s High Court will begin hearing lawsuits on Tuesday filed by the Ogale and Bille people alleging that decades of oil spills have fouled the water and destroyed the lives of thousands of fishermen and farmers in the Niger River Delta, where a Shell subsidiary has operated since the 1950s. They brought their fight to Shell’s home base because they say the Nigerian courts are too corrupt.

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Legal claim brought against Shell for alleged environmental damage in Nigeria could open floodgates

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screen-shot-2016-11-09-at-19-58-01By CITY & FINANCE REPORTER FOR THE DAILY MAILPUBLISHED: 21:51, 20 November 2016 

A legal claim brought against Royal Dutch Shell for alleged environmental damage in Nigeria could open the floodgates to more multinational firms being pursued in UK courts.

Two communities are seeking £100m in compensation from the oil giant and its Nigerian subsidiary after suffering repeated oil spills.

A four-day hearing this week will decide whether the case against Shell should be heard in London, where the company is incorporated, or Nigeria. Lawyers representing the communities claim the Nigerian legal system is too uncertain to deliver justice.

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