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Posts under ‘Nigeria’

BHP Billiton unveils board shake-up as two directors depart

23 AUGUST 2017 • 11:07AM

The world’s largest mining company is to shake up its board after two directors announced they would be stepping down – one after just six months. The FTSE 100 group also announced that former Shell executive Malcolm Brinded would be stepping down after three years on the board as a non-executive. Mr Brinded would not be seeking re-election “given his involvement in ongoing legal proceedings in Italy relating to his prior employment with Shell”, Mr Nasser said. Shell, where Mr Brinded was a director for 10 years until 2012, is facing an investigation over alleged corrupt payments to acquire an oilfield off the shore of Nigeria in 2011.  read more

Shell starts new work in Nigeria’s Niger Delta

Shell said it started production from the second phase of its Gbaran-Ubie project in Nigeria’s Niger Delta region. The company said 18 wells have been drilled at the site already and a new pipeline connects it to a nearby plant. FULL ARTICLE

Malcolm Brinded suffers fall out from OPL 245 scandal

By John Donovan

Former Royal Dutch Shell boss Malcolm Brinded has been replaced as a director of BBHP Billiton. His departure is a direct result of his key role in the OPL 245 corruption scandal and the consequential criminal prosecution underway in the Italian Courts. Brinded was involved in a string of scandals at Shell but thus far, has managed to escape retribution. 

A shake-up at the board of mining company BHP Billiton has been announced this morning. But it is the departures that are more interesting. The firm says that, “given his involvement in ongoing legal proceedings in Italy relating to his prior employment with Shell”, Malcolm Brinded has decided not to stand for re-election as a non-exec. FULL ARTICLE (RELATED: OPL 245: Shell email intercepts) read more

Shell warns of safety risks at occupied Nigeria plant

Hundreds of protesters from the Kula and Belema communities in Nigeria’s restless southern Rivers state have occupied the plant since August 11 to press their demands for jobs and better living conditions. “The illegal occupation of Belema Flow Station and Gas Plant in Rivers State has safety implications both for the people at the facilities and nearby communities,” the company’s Nigerian subsidiary, Shell Petroleum Development Company, said in a statement on Sunday. It said it was “deeply concerned that unauthorised persons, including women and children, have been observed in close proximity to equipment that processes crude oil and gas without the protection of safety clothing.” Shell said the occupation “exposes people at the plant to higher safety risks as anything could trigger a spill or fire with potentially serious consequences.” FULL ARTICLE read more

Shell Raises Alarm Over Occupation Of Belema Flow Station

Shell Petroleum Development Company (SPDC) has described the occupation of its Belema flow station and gas plant in Kula Kingdom, Rivers State by host communities as  a “safety risk” to its operations. The Belema flow station has been occupied since August 11, 2017, by residents of the Belema and Offoin-Ama communities, who have camped out night and day at the facility. In a statement released on Sunday, SPDC said it was “deeply concerned that unauthorized persons (including women and children) have been observed in close proximity to equipment that processes crude oil and gas without the protection of safety clothing that is mandatory for people working or accessing such restricted areas.” “SPDC had carried out an emergency shutdown of production ahead of the illegal occupation but has been unable to access the facilities since then to ensure a safe shutdown over a prolonged period. “The continued illegal occupation for several days exposes people at the plant to higher safety risks, as anything could trigger a spill or fire with potentially serious consequences,” the company warned. FULL ARTICLE read more

The Oil Price Tug Of War

By Tom Kool – Aug 15, 2017, 3:00 PM CDT

Oil prices remain in a game of tug of war as conflicting news sends both the bears and the bulls to the sidelines.

• In 2015, the U.S. spent the least on energy in over a decade, largely due to the collapse of oil prices.

• In real terms, the U.S. spent $1.27 trillion on energy in 2015, down 20 percent from a year earlier.

• In inflation-adjusted terms, as well as in terms of percentage of GDP, the expenditures were the lowest since 2004.

SOURCE

Shell paid $31 billion to Nigerian govt between 2002-2016 – Official

Shell Petroleum Development Company (SPDC) remitted 29.8 billion dollars to the federation account and 1.2 billion dollars to Niger Delta Development Commission (NDDC) between 2002 and 2016, Igo Weli, General Manager, External Relations, made the disclosure on Monday. Mr. Weli spoke in Port Harcourt while reacting to the shut-down of SPDC flow station and gas plant in Belema community by angry youth. The youth accused the company of neglecting them and marginalising their community. Addressing journalists, Mr. Weli said the seizure of the company’s facilities by the youth would not only send wrong signal to the international community, but was capable of discouraging further investment in the Niger Delta. FULL ARTICLE read more

Shell/NPDCl Attempt to Resume Oil Production in Ogoniland

By Fegalo Nsuke, MOSOP Publicity Secretary: We disapprove of Shell’s attempt to re-enter Ogoniland. We accuse them of the killings of 1995 and for the death of over 3000 persons. We accuse them of the ruin of over 10 Ogoni communities whose inhabitants remain in exile. We accuse them of genocide in Ogoniland and for the complete destruction of our environment.

I do not how best to describe Shell Nigeria and her new ally, the Nigerian Petroleum Development Company (NPDC), both of which have exhibited a very high level of irresponsibility in Ogoniland.

On Thursday, August 4, led by the president of the Movement for the Survival of the Ogoni People (MOSOP) the Ogoni people protested against a surreptitious attempt by Shell to re-enter Ogoniland.

The demonstration clearly represented our disapproval of any form of oil business in Ogoni. We made our position very clear, that no form of oil exploitation should resume in any part of Ogoniland without proper negotiations. read more

Protestors occupy Shell plant in Nigeria

Hundreds of protesters have occupied a Nigerian oil facility owned by Anglo-Dutch oil giant Shell, demanding that a local company take over its operations, a community leader said Saturday. “We want Shell to hand over the operations of the flow station to Belema Oil Company because it appreciates our challenges and needs,” community leader Godson Egbelekro told AFP. Protesters from the Kula and Belema community in Nigeria’s restive southern Rivers state said the community has suffered through decades of poverty and neglect. FULL ARTICLE read more

Protesters storm Shell crude flow station in Niger Delta

The protesters complained they were not benefiting from oil production in their area, a common refrain in the impoverished swampland that produces most of Nigeria’s oil. They also demanded an end to oil pollution in the area.

Soldiers and security guards did not disperse the crowd as it entered the Belema Flow Station in Rivers State, which feeds oil into Shell’s Bonny export terminal.

But the army sent reinforcements after protesters said they would stay at the facility for two weeks.

“I am a graduate for about eight years without a job,” said Anthony Bouye, one of the protest leaders. “Shell won’t employ me despite us having so much wealth in our backyard.” read more

$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

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

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

Esther Kiobel US Court battle for 100,000 Shell docs continues

Esther Kiobel with legal team and supporters in front of the US Supreme Court in Washington DC, 2012 © Private

Extracts: Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. 

Petitioner has already waited over twenty years for a forum that will hear her claims for her husband’s execution. At this point, Petitioner’s co-plaintiffs in the Dutch litigation face increasingly fragile health, and now fear that “further delaying litigation in the Netherlands might impede their ability to bring their claim in the future.”

By John Donovan

Several months ago, a US Federal Judge Alvin K. Hellerstein after carefully considering arguments made by the involved parties ordered Shell’s US lawyers Cravath, Swaine & Moore to give Esther Kiobel access to more than 100,000 Shell discovery documents for use in the Dutch courts. Dutch proceedings against Shell commenced on 28 June 2017.

The Shell internal documents were assembled for Esther Kiobel’s thwarted US action against the oil giant which commenced over a decade ago. That litigation ended with a US Supreme Court decision that she could not bring a human rights claim against Shell in the US for alleged misdeeds committed in Nigeria, including involvement in the judicial murder of the ‘Ogoni 9′. Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. read more

Kiobel Writ: Ogoni 9 trial – Shell deception and machination

While Shell publicly stated that it was trying to persuade the regime to abandon the trial using quiet diplomacy, in reality it continued supporting the regime, while negotiating new projects. It also continued actively involving itself in the course of events during the trial.

By John Donovan

The numbered paragraphs below are extracted from the 138 page Esther Kiobel Writ served on multiple Royal Dutch Shell companies on 28 June 2017. More information about the litigation, this time in the Dutch Courts, is provided after the extracts. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

OGONI 9 TRIAL

Extracts begin

8.7 Shell, knowing how the trial would end, allowed its commercial interests to prevail over the fate of the Ogoni 9

315. Through its close involvement with the case and with the regime Shell knew at an early stage that the suspects would not have a fair trial. In July 1995, more than three months before the tribunal was to pass judgment, Anderson reported on a conversation he had had with President Abacha: read more

Kiobel Writ: Shell bribed witnesses in Ogoni 9 trial

Already during the trial in 1995 two witnesses testified that they had been bribed to make incriminating statements in exchange for money and a job at Shell. In their statements Nkpah and Danwi named a number of other witnesses who were bribed by Shell and the regime…: Separate extract: “We knew that Shell, the prosecutor and the members of the tribunal were working hand in glove with each other. 

By John Donovan

The numbered paragraphs below are extracted from the 138 page Esther Kiobel Writ served on multiple Royal Dutch Shell companies on 28 June 2017. More information about the latest litigation, this time in the Dutch Courts, is provided after the extracts. As can be seen in the footnotes, the allegations are supported by voluminous evidence.  

Shell and the Abacha regime operated in tandem

Extracts begin

8.6 Shell contributed to the outcome of the Ogoni 9 trial

8.6.1 Shell was involved in the bribery of witnesses

Already during the trial in 1995 two witnesses testified that they had been bribed to make incriminating statements in exchange for money and a job at Shell. Charles Danwi and Naayone Nkpah made a statement under oath on video on 16 and 27 February 1995 respectively, which was submitted as an affidavit to the Civil Disturbances Tribunal.409 The Tribunal however disregarded the evidence. In their statements Nkpah and Danwi named a number of other witnesses who were bribed by Shell and the regime, that is Celestine Meabe, Kevin Badara,410 Limpa Bah, Peter Fii, Saturday Iye and David Keenom (exhibit 45: Public Deposition Naayone Nkpah, 19 March 2004, pp. 19-22; exhibit 21: Affidavit Charles Danwi, 16 February 1995).411 The false statements of these bribed witnesses were decisive in the conviction of the Ogoni 9.412 The statements of Danwi and Nkpah show that shortly after the murders of the traditional Ogoni leaders they were pressured by the main prosecution witnesses Alhaji Kobani (the brother of the murdered Edward Kobani) and Priscilla Vikue413 to sign a false statement in which they accused the since apprehended MOSOP and NYCOP leaders of the murders.414 Initially they refused to do this, whereupon they were placed under house arrest for some time. Danwi testified that he was then promised the following:

“I was promise[d] that after the case in Court I will be given a house any place in the country, a Contract from Shell and OMPADEC and some amount of money to buy my musical instrument. […] On another date of meeting in Kobani’s House, representative from Shell, OMPADEC, security agents, Govt officials and the Kobani, Orage and Badey’s family were present and they all agreed. The family gave some money say that the money come from Govt. and Shell. In my case I was given N 30,000,- from Shell and Govt.”415

  • Nkpah testified to the same effect and in his fuller statement in the American Kiobel case also said who was involved in the bribery. Apart from Alhaji Kobani and some other family members of the murdered Ogoni chiefs, they were also various representatives of the regime and the oil industry, among them Shell’s lawyer O.C.J. Okocha.416 Nkpah was also promised a house, 30,000 naira and a contract at Shell, OMPADEC or the government.417 In his deposition he said that Celestine Meabe had asked Alhaji Kobani where the 30,000 naira came from, to which Kobani replied:

    “This money come from Shell, government of Nigeria. This is why the chairman, the lawyer representative is here.”.418

  • Kobani introduced this Shell lawyer to Nkpah as O.C.J. Okocha.419 Nkpah also said that Kobani had told him that “anything that is being given to us […] basically is from the government and the Shell and Ubadek [OMPADEC]”.420
  •  Just like Danwi, in exchange for signing the false testimony Nkpah was given a job in the transport section of the municipality of Gokana where, in addition to the 30,000 naira, he received a monthly salary without actually being employed.421
  • Gani Fawehinmi, the suspects’ lawyer, introduced Danwi’s statement on the second day of the Ogoni 9 trial (on 21 February 1995):

    “My Lord, he [Charles Danwi] is number 22 on the list of witnesses. He has sworn to an Affidavit and he has exhibited what is called a principal statement. He accused the Government [and] Shell Development Company for bribing him with thirty thousand naira (N30.000) and a house. He has made a full disclosure that what they have was not his statement […].”422

  •  Although Kiobel’s lawyer Alhaji Oso again tried to stress the importance of the bribery on the third day423 and explained that the reliability of the witnesses was the basis of the case,424 Nkpah and Danwi’s affidavits were not admitted as exculpatory evidence.425 At that point, Danwi and Nkpah had already gone into hiding out of fear for repercussions by the regime and could not therefore give evidence to the hearing. Their fear proved to be well-founded: both men were put on the regime’s blacklist.426 Ultimately they were forced to flee Nigeria and they were accepted as refugees in Benin.427
  • Nkpah is currently living in the United States and is prepared to substantiate his statements in detail as a witness if necessary. Danwi’s current whereabouts are unknown.
  • 8.6.2 Shell maintained direct contact with the judges of the Special Tribunal during the trial read more

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