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Nigeria: Court Fixes Tomorrow to Rule On N122bn Judgment Debt Against Shell, FBN

By Davidson Iriekpen: 21 May 2018

Justice Ibrahim Buba of the Federal High Court in Lagos has fixed tomorrow to rule on the garnishee proceedings filed by some Ogoni chiefs from Ejama community in Rivers State against the Central Bank of Nigeria (CBN) and First Bank of Nigeria Limited for their failure to pay a N122 billion judgment debt against Shell Petroleum Development Company Limited (SDPC). The judge also fixed the same day to rule on whether to jail the Chairman of First Bank, Mrs. Ibukun Awosika, for failing to pay the amount as ordered by a Federal High Court in Owerri, Imo State. Justice Buba fixed the date after hearing all the applications filed by the different parties in the suit last Friday. In the substantive suit, the Ogoni chiefs had sued the Royal Dutch Shell Plc, Netherlands; Royal Dutch Shell Plc, United Kingdom and SPDC over alleged oil spills that occurred when Shell operated in the community at the Federal High Court in Port Harcourt. FULL ARTICLE read more

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SHELL SPONSORED MILITARY RULE AND DEEPENING VIOLENCE IN OGONILAND

“Shell operations still impossible unless ruthless military operations are undertaken for smooth economic activities to commence.” Security forces led by Okuntimo shot at thousands of people who were peacefully demonstrating outside Shell’s main compound at Rumuobiakani in Port Harcourt. One eyewitness told Human Rights Watch that he heard Major Paul Okuntimo order his soldiers, “Shoot at anyone you see.” According to Human Rights Watch: “The troops began throwing canisters of tear gas, shooting indiscriminately…”

Extracts from pages 23 & 24 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

MILITARY RULE AND DEEPENING VIOLENCE IN OGONILAND

In November 1993, General Sani Abacha, a man intolerant of dissent who was prepared to use violence to suppress opposition, seized power in a coup.74 Abacha banned all political activity, replacing civilian governors with military administrators, and jailing and executing opponents.75 By early the next year, the military administrator of Rivers state

Lieutenant-Colonel Musa Dauda Komo had put in place a new plan to deal with MOSOP, creating the Internal Security Task Force (ISTF), under Major Paul Okuntimo.76 Almost immediately the ISTF engaged in excessive use of force and other human rights violations in response to community protests in the Niger Delta. For example, on 21 February 1994, security forces led by Okuntimo shot at thousands of people who were peacefully demonstrating outside Shell’s main compound at Rumuobiakani in Port Harcourt. One eyewitness told Human Rights Watch that he heard Major Paul Okuntimo order his soldiers, “Shoot at anyone you see.”77 According to Human Rights Watch: “The troops began throwing canisters of tear gas, shooting indiscriminately, beating demonstrators with the butts of their guns, and making arrests. P, a community elder, still has a scar on his head from the brutal beating to which he was subjected. Five people were shot, and more than ten people were arrested.”78 read more

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AMNESTY INTERNATIONAL CASTIGATES SHELL

The manager of Shell’s eastern division, J.R. Udofia, faxed the Commissioner of Police in Rivers State specifically requesting the intervention of the Mobile Police (also known as MOPOL), a paramilitary unit. According to a subsequent judicial enquiry, the villagers had not in fact attacked Shell installations, but conducted a peaceful protest demanding that the oil company compensate them for damage caused by pollution from oil spills. Over the course of the next two days, the Mobile Police attacked the village, “like an invading army that had vowed to take the last drop of the enemy’s blood”, the inquiry found. The Mobile Police, using guns and grenades, killed 80 people, throwing many corpses into a nearby river, the survivors testified.

Extracts from pages 19 to 23 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

LOCAL PROTESTS AND MILITARY CRACKDOWN

In November 1990, just over two years before the Ogoni protests gathered pace, a violent crackdown by armed police in Umuechem community (some 30km from Ogoniland), showed how high the stakes were for anyone protesting in the oil-producing region. Following demonstrations by villagers, Shell warned the government of an “impending attack.”32 The manager of Shell’s eastern division, J.R. Udofia, faxed the Commissioner of Police in Rivers State specifically requesting the intervention of the Mobile Police (also known as MOPOL), a paramilitary unit.33 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

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Nigeria’s Suppression of Civil Rights in Ogoni

The Shame of an African Giant:: The Case of Nigeria’s Suppression of Civil Rights in Ogoni

The author, Fegalo Nsuke is the Publicity Secretary of the Movement for the Survival of the Ogoni People (MOSOP). 

At the inception of this administration, I had anticipated some relief for the Ogoni people not only because the new president had during his campaign pledged to implement the clean-up of Ogoniland but I had expected that the clean-up will open discussions on crucial issues affecting the Ogoni people especially the issue of the political rights to self determination.

I had hopes that president Buhari’s integrity, based on what I had heard about him and his uprightness, will not be compromised and was actually optimistic of a renewed commitment to resolve the Ogoni problem.

I was sure that president Buhari understood that in over 30 years of oil exploration in Ogoniland, an estimated $81 billion dollars had been generated from the area, excluding the huge gas potentials of the area, the revenue from the two seaports, two refineries, a petro-chemical complex and two power stations in the area. read more

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Amnesty International: Is Shell a criminal enterprise?

This report examines the role of the oil company Shell in the violations and crimes committed by the Nigeria security forces. It focuses specifically on the potential criminal liability of Shell and/or individual Shell executives. The governments of Nigeria and Shell’s home states, The Netherlands and The United Kingdom, should investigate, with a view to prosecution, Shell and/or individuals, who were formerly in decision-making or supervisory positions within the company, for potential involvement in crimes linked to human rights violations committed by the Nigerian security forces in Ogoniland in the 1990s.

Extract from page 13 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary. Follows on from: COMPLICITY IN THE MISCARRIAGE OF JUSTICE AND EXECUTION OF THE OGONI NINE

EXTRACT BEGINS

CONCLUSION

That Nigeria’s government was responsible for grave human rights abuses during its campaign to crush the largely peaceful Ogoni protests during the 1990s is not in doubt. These human rights violations were carried out in response to community protests, and many occurred during armed attacks on defenceless Ogoni villages. Most of the violations of international human rights law detailed in this report also amount to crimes, potentially including murder or other unlawful killing, torture, a range of crimes related to physical assault, rape and destruction of property. read more

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Nigeria’s Irresponsible Actions in Ogoniland

By Fegalo Nsuke, MOSOP Publicity Secretary

The Movement for the Survival of the Ogoni People (MOSOP) considers the actions of the Nigerian government and Shell towards Ogoni as very irresponsible, especially in respect of the recent oil war perpetrated by some Nigerian oil firms on Ogoni. read more

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

MOSOP says Shell concealed Ogoniland daily oil output

The Movement for the Survival of the Ogoni People (MOSOP) says the Shell Petroleum Development Company of Nigeria, a subsidiary of Shell International lied about its production capacity in Ogoniland before it shut down operations in 1993.

The Publicity Secretary of  MOSOP who made this known during an interactive session with leaders of the National Youth Council of Ogoni People (NYCOP) on Monday, March 26, 2018 in Bori, headquarter of Khana local government area said before Shell shut down its operations in Ogoniland in 1993, the company failed to account for daily output of 157,000 barrels.

Nsuke said available statistics show that while Shell claimed its production capacity in Ogoniland was 28,000 barrels per day, the company was actually producing 185,000 barrels per day. read more

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SHELL’S CONTROVERSIAL REPLACEMENT OF PIPELINES ACROSS OGONILAND 

Shell is still bulldozing Ogoni farmlands and continuing with the laying of these pipelines.

Extract from a press briefing given by Legborsi Saro Pyagbara, MOSOP President on 2nd March 2018

MOSOP reiterates its earlier position maintained since last June 2017 that Shell’s continuing laying of pipelines in Ogoniland is a negation of the environmental rights of the Ogoni People and a great display of impunity against the extant laws of this country.

MOSOP had right from the onset demanded that Shell carries out an Environmental Impact Assessment (EIA) and Social Impact Assessment (SIA) on these areas before the pipelines are laid. When this request was rebuffed, MOSOP called out Ogoni people for a peaceful protest on the 4th August 2017 at Biara Community. Shell suspended operations but later resurfaced again at another flank of the Ogoni community in October 2017. read more

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AMNESTY INTERNATIONAL ACCUSE SHELL OF COMPLICITY IN THE EXECUTION OF THE OGONI NINE

…at all times, Shell’s directors based in The Hague and London were fully aware of what was happening in Nigeria and what the staff of Shell Nigeria were up to. The evidence also makes clear that staff in London and The Hague were not passive recipients of this information. A clear directing role is evident.

Extract from page 12 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE?SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary.

BEGINS

COMPLICITY IN THE MISCARRIAGE OF JUSTICE AND EXECUTION OF THE OGONI NINE

The culmination of the Nigerian military government’s campaign to crush the MOSOP protests was the execution of the Ogoni Nine on 10 November, 1995. Shell knowingly provided encouragement and motivation to the military authorities to stop the MOSOP protests, even after the authorities repeatedly committed human rights violations in Ogoniland and specifically targeted Ken Saro-Wiwa and MOSOP. By raising Ken Saro-Wiwa and MOSOP as a problem, Shell was reckless, and significantly exacerbated the risk to Saro-Wiwa and those linked to MOSOP. Shell knew full well that the government regularly violated the rights of those linked to MOSOP and had targeted Saro-Wiwa. Following the arrests and during the blatantly unfair trial, the nature of the danger was clear. However, even after the men were jailed, being subjected to torture or other ill-treated and facing the likelihood of execution, Shell continued to discuss ways to deal with the “Ogoni problem” with the government, and did not express any concern over the fate of the prisoners. Such conduct cannot be seen as other than endorsement and encouragement of the military government’s actions. read more

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Shell’s Toxic Dump Uncovered in Ogoni Community

MOSOP STATEMENT:

A toxic dump site belonging to the Shell Petroleum Development Company of Nigeria Limited has been uncovered in K-Dere community of Ogoniland.

Speaking in Bori, headquarters of Khana local government area of Rivers State over the weekend, Publicity Secretary of MOSOP, Fegalo Nsuke said samples from the site had been tested in a U.K laboratory and the results have confirmed the toxicity of the site.

“We have been briefed by MOSOP leader, Ledum Mitee, on the situation in K-Dere where a toxic dump belonging to Shell had been uncovered. We have also visited the site to see things for ourselves.” Nsuke said read more

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Appeal Court Says Shell Can’t Be Tried In UK For Nigerian Oil Spills

By Tsvetana Paraskova – Feb 14, 2018, 2:30 PM CST

The UK Court of Appeal ruled on Wednesday that Nigerian communities cannot pursue Royal Dutch Shell in UK courts over oil spills in the oil-rich Niger Delta, upholding a previous High Court ruling that UK-based multinational companies cannot be tried in England for the actions of their subsidiaries overseas.  

In a 2-1 ruling today, the Court of Appeal dismissed the appeal filed by law firm Leigh Day on behalf of the Bille and Ogale communities in Nigeria, upholding a January 2017 High Court ruling that courts in England and Wales don’t have jurisdiction to hear lawsuits against Shell’s Nigerian unit, Shell Petroleum Development Company (SPDC). read more

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Oil giant Shell wins latest UK court fight over Niger Delta pollution claims

PRESS ASSOCIATION

Oil giant Shell has defeated the latest legal bid by thousands of Nigerians to have their damages claims over pollution dealt with by the English courts.

Last year, a judge in London made a ruling which meant that any compensation actions by two Nigerian communities affected by oil spills would have to be heard in Nigeria.

The communities later went to the Court of Appeal to challenge the decision of Mr Justice Fraser.

On Wednesday, judges in London dismissed their appeal by a majority of two to one. read more

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

Nigeria: UK court deals a blow to oil spill victims and corporate accountability

Responding to a Court of Appeals judgement that two Niger Delta communities cannot have their case against oil giant Shell heard in the UK because the parent company cannot be held liable for the actions of its Nigerian subsidiary, Joe Westby, Amnesty International’s Campaigner on Business and Human Rights, said:

“With this ruling the court has struck a blow not only to the Ogale and Bille communities, who live everyday with the devastating consequences of Shell oil spills, but with victims of corporate human rights abuses all over the world. This ruling sets a dangerous precedent and will make it more difficult to hold UK companies to account. read more

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Appeal court rules Nigerians cannot pursue Shell spill claim in England

Libby GeorgeTife Owolabi: 14 FEB 2018   LONDON/YENAGOA, Nigeria (Reuters) – The Court of Appeal in London ruled on Wednesday that two Nigerian communities cannot pursue Royal Dutch Shell in English courts over oil spills in Nigeria’s Delta region. The split decision upheld a High Court ruling last year that was a setback to attempts to hold British multinationals liable at home for their subsidiaries’ actions abroad. 

The court rejected the appeal from law firm Leigh Day on behalf of Nigeria’s Bille and Ogale communities, and upheld a ruling that English courts do not have jurisdiction over claims against Shell’s Nigerian subsidiary Shell Petroleum Development Company (SPDC). read more

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

MOSOP Warn Shell Against Attempt to Forcefully Resume Production in Ogoniland

By Fegalo Nsuke

The Movement for the Survival of the Ogoni People (MOSOP) wishes to state its displeasure over an attempt by the Shell Petroleum Development Company of Nigeria Limited to forcefully resume oil production in Ogoniland.

We state unequivocally that the actions of Shell are unacceptable to the Ogoni people. We note that Shell and its allies are still Persona Non Grata in Ogoniland and consequently, any attempt to forcefully resume production in Ogoni without properly negotiating with all stakeholders will surely be resisted by the Ogoni people and could lead to a breakdown of the peace and possible military crackdown as usual.

MOSOP therefore demand the immediate withdrawal of all equipment belonging to Shell in Ogoniland. read more

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