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Posts under ‘Dr. Barinem Kiobel’

SHELL CONTINUES TO EVADE JUSTICE FOR COMPLICITY IN OGONI 9 MURDERS 

Dr. Barinem Kiobel was one of the “Ogoni Nine” executed by a despotic Nigerian regime after a rigged trial. His widow, Esther Kiobel, holds Shell responsible for his murder on trumped-up charges and has been seeking justice for the last 22 years.

By John Donovan

Since 1996, various Kiobel family members have been pursuing litigation in the USA relating to Shell’s conduct in Nigeria. This fact is confirmed from the screenshot of listed court cases filed in the USA and blocked by Shell. Only one related application is still open and it is on the way to being closed as a result of a decision by a U.S. Appeals Court yesterday. The remaining case is described by the three Appeal Court judges as “extraordinary, and possibly unique.” read more

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HISTORICAL OVERVIEW OF THE OGONI CRISIS BY AMNESTY INTERNATIONAL

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa… The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP… 

Extracts from pages 17, 18 & 19 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa, who had gained worldwide recognition for his leadership of a campaigning organization, the Movement for the Survival of the Ogoni People (MOSOP). This had drawn attention to the ecological devastation caused by decades of oil production, and the lack of economic development, in Nigeria’s oil-producing areas. The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP: Saturday Dobee, Paul Levula, Nordu Eawo, Felix Nuate, Daniel Gbokoo, John Kpuinen and Baribor Bera. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Amnesty wants probe into Shell’s alleged role in 1990s Nigeria violence

Esther Kiobel, the widow of one of the nine Ogoni activists

Reporting by Libby George; Editing by Edmund Blair: NOVEMBER 28, 2017

LONDON/LAGOS (Reuters) – Amnesty International has called for a criminal investigation into the alleged role of Royal Dutch Shell in human rights abuses in Nigeria’s oil-rich Ogoniland in the 1990s, accusations the Anglo-Dutch oil company has denied. The rights group urged the British, Dutch and Nigerian governments carry out probes in a report that it said included evidence showing Shell’s involvement in suppression of protesters by the military government in the 1990s. Shell Petroleum Development Company of Nigeria Limited (SPDC) said the allegations were “false and without merit”. FULL ARTICLE read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Amnesty International demands criminal investigation of Shell’s complicity in murder

Esther Kiobel poses with a picture of her late husband Dr. Barinem Kiobel one of nine men executed by Nigeria’s military government after a peaceful uprising in 1995 against Shell’s widespread pollution in Ogoniland. Photograph: Amnesty International

Multiple news stories: Amnesty International demand criminal investigation of Shell complicity in Nigerian murder, torture and rape

The Guardian: Amnesty seeks criminal inquiry into Shell over alleged complicity in murder and torture in Nigeria

Extract: Amnesty International is calling for a criminal investigation into the oil giant Shell regarding allegations it was complicit in human rights abuses carried out by the Nigerian military. Amnesty is urging the UK, Nigeria and the Netherlands to consider a criminal case against Shell in light of evidence it claims amounts to “complicity in murder, rape and torture” – allegations Shell strongly denies. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

SHELL EVADING RESPONSIBILITY IN NIGERIA

My name is Esher Kiobel. I would like to tell you about my epic fight with the Goliath oil company Royal Dutch Shell, whose army of lawyers have battled since 2001 to prevent my case against the evil company from being heard in court. I hold Shell responsible for crimes against my family, including the execution of my distinguished husband Dr. Barinem Kiobel who was hanged along with fellow Ogoni, collectively known as the Ogoni 9. Ken Saro-Wiwa, a winner of the Goldman Environmental Prize, was also one of the Ogoni 9. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

22nd Execution Anniversary Date of the Ogoni 9

The ‘Ogoni 9’ were executed on this day 22 years ago, all victims of a trumped-up case brought by the corrupt despotic Abacha Nigerian regime in collusion with its evil partner in crime, Royal Dutch Shell.

The widows of those murdered include Esther Kiobel who has been seeking justice ever since. Her husband, Dr. Barinem Nubari Kiobel was born in Kpor, Rivers State, Nigeria, on 23 September 1959. Between 1979 and 1992 he lived in the UK, where he obtained a doctorate at the University of Glasgow. In 1992 he returned to Nigeria, where he accepted a senior lecturer position at the University of Science and Technology in Port Harcourt.

Dr. Kiobel later became Honourable Commissioner of the Ministry of Trade, Industry and Tourism of Rivers State province. In this role he acted as a link between the government and the Ogoni. During his work as Commissioner, despite the potential danger of doing so, he publicly expressed criticism of the regime’s activities in Ogoniland. A fatal course of action.  read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Kiobel’s fight for Shell discovery: Lawyer skirmishes on eve of U.S. Court of Appeals hearing

Esther Kiobel has been fighting for more than a decade to obtain justice for the murder of her husband Dr. Barinem Kiobel and crimes committed against her, for which she holds Shell responsible. Shell supported and financed the corrupt Abacha regime in Nigeria.

By John Donovan

Shell’s U.S. lawyers Cravath, Swaine & Moore, appealed against a decision by a U.S. federal judge that Cravath should hand over for use in Dutch litigation against Shell, more than 100,000 items of Shell internal discovery documents stored by Cravath in a secure warehouse located in the USA.

I have routinely published available appeal court documents that would otherwise be hidden behind a pay wall. The documents below were filed with the court in the days just before the appeal court hearing by various parties involved, including Washington DC lawyers Hogan Lovells representing Cravath, and EarthRights International acting for Esther Kiobel. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

In memory of Dr. Barinem Nubari Kiobel

By John Donovan

It will shortly be five years since Esther Kiobel first sought my help in her fight to hold Shell accountable for complicity in the murder of her husband Dr. Barinem Nubari Kiobel – a member of the “Ogoni 9” executed in Nigeria by the dreaded Abacha regime. Esther correctly anticipated that Shell would succeed in blocking her attempt to use the US courts to seek justice. Shell recruited the UK and Dutch governments to help thwart the US litigation on judicial territoriality grounds. The merits of her claim were never considered.  read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Kiobel v Shell lawyers hearing 12 Sept 2017

Andrew Denney, New York Law Journal: September 12, 2017

Forcing Cravath, Swaine & Moore to hand over documents related to litigation against Royal Dutch Shell to a plaintiff seeking redress in Dutch courts would give rise to “discovery litigation tourism,” an attorney for the firm said Tuesday in arguments before a federal appeals court.

Esther Kiobel, who was unsuccessful in her effort to hold Shell liable in American courts for the 1995 execution death of her husband and eight others under the Alien Tort Statute, has taken her fight to the courts in the Netherlands. read more

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SHELL STILL TRYING TO GET AWAY WITH MURDER – LITERALLY

Thurgood Marshall U.S. Courthouse, New York, New York

An important decision day for Esther Kiobel in the above U.S. Courthouse tomorrow, Tuesday 12 Sept 2017 in her epic attempt to bring Shell to Justice for complicity in the murder of her husband Dr. Barinem Kiobel, one of the  Ogoni Nine. She is seeking more than 100,000 Shell discovery documents stored in a secure US warehouse. 

“Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.”

By John Donovan

The text shown in red is an extract from an article by Jenna Greene from The Litigation Daily published in the US yesterday under the headline “Cravath in the Crosshairs”.

Cravath, Swaine & Moore are Shell’s lawyers. In 2013 they managed to torpedo on jurisdiction grounds a 2002 US lawsuit against Shell led by Esther Kiobel. After over a decade of litigation to stop the case from being heard, Cravath won a US Supreme Court decision in 2013 on that important point of law, without her charges against Shell  ever being considered. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Shell Withholds 100,000 Documents Critical To Ogoni Nine Case

BY PUNCH NEWSPAPERSEP 08, 2017

The oil giant, Shell, is refusing to hand over more than 100,000 internal documents on the arrest, detention, and execution of nine Ogoni men in the 1990s, Amnesty International has said. The execution of the “Ogoni Nine”,  including the renowned writer Ken Saro-Wiwa, by the government in 1995 sparked global outrage. Others executed along with Saro-Wiwa were Saturday Dobee, Nordu Eawo, Daniel Gbooko, Paul Levera, Felix Nuate, Baribor Bera, Barinem Kiobel, and John Kpuine. In a statement on Friday, a Senior Director of Research at Amnesty International, Audrey Gaughran, said Shell has gone to extraordinary lengths to withhold information vital to the case. He alleged that the oil giant may have “skeletons in its cupboard” and should not be allowed to hide behind expensive legal teams to avoid facing justice. “Shell has gone to extraordinary lengths to withhold this critical information. Because the documents in question are so old, it is highly unlikely that there are legitimate business reasons for keeping them confidential. So what does Shell have to hide?” FULL ARTICLE read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

Ogoni Nine: Shell’s lawyers refusing to hand over “critical” evidence – Amnesty International

The widows of four of the men, led by Esther Kiobel, are the plaintiffs in the case which was first filed in 2001 in the U.S. The U.S. Supreme Court in 2013, without hearing the substance of the case, had ruled that the U.S. did not have jurisdiction. The widows filed the lawsuit in the Netherlands on June 28. An international human rights NGO, Amnesty International, said in a statement Friday that the U.S. law firm, Cravath, Swaine & Moore, has refused to hand over more than 100,000 internal documents considered crucial to the case. The Amnesty International directly accused Shell of trying to prevent the release of vital information. FULL ARTICLE read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

USA: Shell’s law firm refuses to hand over evidence critical for Ogoni Nine case

8 September 2017, 10:55 UTC

Shell’s US law firm is refusing to hand over more than 100,000 internal documents crucial to a legal case in the Netherlands which is alleging the oil giant’s complicity in the unlawful arrest, detention and execution of nine men in Nigeria in the 1990s, Amnesty International said ahead of a US Court of Appeals hearing next week.

The execution of the “Ogoni Nine”, including the renowned writer Ken Saro-Wiwa, by the Nigerian state in 1995 sparked global outrage. It was the culmination of a brutal campaign by Nigeria’s military government to silence protests in the oil-producing Niger Delta region. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

$2.47bn at stake in US case: Shell/Exxon v Nigerian National Petroleum Corp

By John Donovan

Provided below are links to a selection of US court documents I have published online about a dispute being litigated in the US courts involving Shell, Exxon and the state-owned Nigerian National Petroleum Corp (NNPC). A gigantic sum (including interest) of $2.47bn USD is at stake.

In an echo of the Esther Kiobel v Shell case, also currently being heard in the US courts, the current arguments are about the discovery process. (Esther is actually suing Shell’s US lawyers, Cravath Swaine & Moore.) read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnews.net and cybergriping.com are all owned by John Donovan

FINAL EXTRACT ESTHER KIOBEL WRIT SERVED ON SHELL 28 JUNE 2017

By John Donovan

Published below are the final pages – 113 to 138 – inclusive, from the Writ served on multiple companies within the Royal Dutch Shell Group on 28 June 2017 on behalf of Esther Kiobel. These pages provide supporting information about the claim, including a List of Exhibits. The formatting is not 100% accurate, but the content is correct.

Extract begins

CLAIM

The claimants request the court to enter judgement, provisionally enforceable as far as possible:

  1. to rule that the defendants acted unlawfully towards the claimants and are jointly and severally liable to them for the damage that they have suffered and will suffer in the future as a result of the defendants’ unlawful actions, which damage is to be assessed during separate follow-up proceedings and settled according to the law, all this plus the statutory interest up to the date of settlement in full;
  2. to order the defendants within 21 days of the judgment to compel the CEO of Royal Dutch Shell, in any case the CEO of SPDC, to make a public apology for the role that Shell played in the events leading to the death of the claimants’ spouses and to publish the text of this statement clearly visible on its website, subject to a penalty of €20,000 per day (or a sum to be determined by the court in accordance with the proper administration of justice) that they fail to comply with this order;
  3. to order the defendants jointly and severally to pay the extrajudicial costs;
  4. to order the defendants, jointly and severally, to pay the costs of these proceedings, including the subsequent costs.

The cost of this: €80.42 read more

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Kiobel Writ: The Dutch battlefront against Shell

For years, Shell encouraged the Nigerian regime to take (more) effective measures designed to ensure Shell’s return to Ogoniland. Shell did this despite the fact that it had meanwhile learned from experience that in its actions, the regime frequently violated human rights and many people were killed.

By John Donovan

Earlier today we published an article about the latest legal moves on behalf on Esther Kiobel in the US courts against a Shell law firm. We now return to the publication of information about her legal action against Shell in the Netherlands. The numbered paragraphs below are extracted from the 138 page Writ served on multiple Royal Dutch Shell companies on 28 June 2017. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

Extracts begin

8.8 Shell Nigeria Shell operated as a single entity

8.8.1 Introduction read more

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