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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 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

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

A BLUNT INSIDER JUDGEMENT OF ROYAL DUTCH SHELL

Extract from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

(BACKGROUND INFORMATION ABOUT SHELL’S EPIC 25 YEAR FEUD WITH JOHN DONOVAN – which puts the extracts below in overall context.)

Extract below from pages 55, 56, 57 & 58 consisting of an informed damning judgement (in June 2004) on Shell management by Dr. John Huong a Shell Production Geologist. He blew the whistle internally on the reserves fraud that resulted in the forced merger of Shell Transport and Trading and Royal Dutch Petroleum, into Royal Dutch Shell Plc in 2005. He was fired for being a person man of high integrity. Eight companies in the Shell group jointly sued him for defamation, but eventually, six years later, settled that action along with his claim against Shell for wrongful dismissal.

Extract Begins

CONTENT OF A LEAFLET PUBLISHED ON OUR WEBSITE AND CIRCULATED IN JUNE 2004 AT THE SHELL CENTRE, LONDON. ALL EXTRACTS FROM COMMENTS MADE BY DR. JOHN HUONG

“I will supply for publication further informed comment and revelations in the run up to Shell’s AGM on 28 June. It will include examples of the toxic combination of arrogance, greed, dishonesty, and blatant disregard for all ethical norms by Shell Management, that has culminated in the current shame heaped upon the once proud Shell name.” read more

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

Earthquake Shaker: Groningen Gas Field is on the highest alert level, code red

Minister Eric Wiebes of Economic Affairs and Climate has arrived in the village of Zeerijp in Groningen, where an earthquake occurred on Monday.

On Thursday, the State Supervision of Mines (SSM) stated that Groningen is in the highest alert level, code red, and that therefore a ‘considerable production reduction’ is necessary.

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

Accelerated reduction of Groningen gas production is expensive and time-consuming

Gert van der Have Louis Hoeks Economy & Politics

The politicians want to close the gas tap further, but that is not possible. ‘I’m going to do everything I can to reduce the costs’, Minister Eric Wiebes of Economic Affairs and Climate promised this week during his visit to the province of Groningen. He has to make that happen now.

According to the coalition agreement, Groningen gas production in 2021 must be reduced to 20.1 billion cubic meters. Wiebes wants to continue. The Dutch Petroleum Company (NAM) also indicated this week, without mentioning volumes, that the gas production will be substantially reduced again. On Thursday, the State Supervision of Mines (SSM) stated that Groningen is in the highest alert level, code red, and that therefore a ‘considerable production reduction’ is necessary. read more

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

Investigate Shell for complicity in murder, rape and torture says Amnesty International

Massive cache of internal documents and other evidence points to Shell’s complicity in horrific crimes committed by the Nigerian military in the 1990s

–      New Amnesty International report calls for a criminal investigation

Amnesty International is calling on Nigeria, the UK and the Netherlands to launch investigations into Anglo-Dutch oil giant Shell, over its role in a swathe of horrific crimes committed by the Nigerian military government in the oil-producing Ogoniland region in the 1990s.

The organization has released a ground-breaking review of thousands of pages of internal company documents and witness statements, as well as Amnesty International’s own archive from the period.

The Nigerian military’s campaign to silence the Ogoni people’s protests against Shell’s pollution led to widespread and serious human rights violations, many of which also amounted to criminal offences. 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

Shell to close Rijswijk technology centre, move staff elsewhere

October 12, 2017

Shell is closing its global headquarters for technology and research in Rijswijk and moving some 2,000 workers to Shell operations in The Hague and Amsterdam, broadcaster NOS said on Thursday.

The company, which said earlier this year that hundreds of jobs will go in Rijswijk and Amsterdam, claimed the move will not cost any more jobs and is unconnected to those previously-announced, NOS said.

‘We have looked at our locations in the Randstad area and decided to reduce them from four to three,’ a spokesman told the broadcaster. ‘Our headquarters are being renovated and our location in Amsterdam expanded so we will have more room there. That will be more efficient.’ 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

Shell defamatory posters, leaflets and press releases attacking Donovan

By John Donovan

My families falling out with Shell took place over two decades ago.

Some indication of the degree of acrimony can be gauged from the content of posters Shell put on public display on 23 September 1998 at the Shell Centre in London, specifically targeting my father and me. I have never heard of a multinational corporation doing anything like this before or since.

This is what the posters said:

YOU MAY BE HANDED A LEAFLET OUTSIDE SHELL CENTRE BY MR ALFRED DONOVAN, FORMALLY OF A COMPANY CALLED DON MARKETING UK LIMITED.  YOU SHOULD BE AWARE THAT JOHN DONOVAN, A DIRECTOR OF DON MARKETING UK LIMITED, MR ALFRED DONOVAN’S SON, HAS ISSUED A WRIT AGAINST SHELL UK CLAIMING THAT HIS COMPANY INVENTED THE SMART LOYALTY CARD PROGRAMME.  MR DONOVAN’S ALLEGATIONS HAVE BEEN VERY CAREFULLY INVESTIGATED BY SHELL UK AND DISCUSSED IN DETAIL WITH MR DONOVAN AND HIS SOLICITORS. THE CLAIM IS BEING VIGOROUSLY DEFENDED.  AS SOME OF YOU MAY KNOW, MR DONOVAN HAS MADE SOME OFFENSIVE STATEMENTS ABOUT SHELL UK COLLEAGUES. WE REJECT SUCH ALLEGATIONS ABSOLUTELY AND ARE WHOLLY CONFIDENT THAT OUR COLLEAGUES HAVE ACTED IN THIS MATTER AT ALL TIMES IN GOOD FAITH AND IN LINE WITH OUR LONG STANDING BUSINESS PRINCIPLES. read more

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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

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

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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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

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

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

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

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

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

    The Ogoni 9 trial served to safeguard the common interests of Shell and the Abacha regime

    Shell falsely claimed to be following an apolitical course whilst exerting its influence through quiet diplomacy. In reality, it was very much involved with the course of the events during the trial… Shell’s lawyer was present at the bribing of witnesses who had to give incriminating statements against the “Ogoni 9”; they were offered compensation and a position at Shell;

    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

    8.5 The Ogoni 9 trial served to safeguard the common interests of Shell and the regime

    8.5.1 Introduction

    1. The Ogoni 9 trial was the culmination of Operation Restore Order in Ogoniland. With the Ogoni 9 trial Abacha disposed of the Ogoni’s main political representatives in an extreme attempt to finally break the resistance. The trial served a common goal, the resumption of oil extraction in Ogoniland, and followed the ceaseless urging of Shell to bring order to matters. Professor Olubayo Oluduro said about this:“Although Ken Saro-Wiwa and the other eight Ogonis were ostensibly charged and tried for murder, it is obvious to the world that they were actually arrested and executed for expressing their discontent with the environmental harm caused by Shell and the Government in their native Ogoniland.”383
    2. As was explained in chapter 4, the Ogoni 9 trial, which commenced 6 February 1995, was a carefully prepared show trial. The 15 suspects had, when the trial started, already been held in custody for more than eight months without official charge, although it was clear that they had been apprehended on suspicion of involvement in the murder of the four traditional Ogoni leaders on 21 May 1994. Ken Saro-Wiwa, Barinem Kiobel and Baribor Bera did not hear the official charge until 28 January 1995, while Nordu Eawo and Paul Levula received the indictment on 28 February 1995. In this period the hearings of the specially set up Ogoni Civil Disturbances Special Tribunal also started. Footage of these hearings is submitted as exhibit 247. Fragments from them can also be seen in the revealing documentary “In-Remembrance Ken Saro-Wiwa” (exhibit 252).384 The trial would last until 31 October 1995 and end with the death penalty being carried out on nine of the fifteen suspects, who were executed on 10 November 1995. The serious human rights violations to which the suspects were exposed during the trial and that ultimately led to the executions are described in chapter 4.
    1. Because it soon became clear that the suspects would not receive a fair trial and were in fact political prisoners because of their opposition to Shell, all eyes were on the company. Shell falsely claimed to be following an apolitical course whilst exerting its influence through quiet diplomacy. In reality, it was very much involved with the course of the events during the trial, and in the meantime fully dedicating itself to its negotiations with the regime regarding the NLNG project which would be settled at the same time. At no time whatsoever did Shell reveal any dissatisfaction with the course of events, not even when it sent a tepid letter to Abacha just before the execution of the Ogoni 9 with a request for a pardon, for which it had apologised to the regime in advance.385 While Nigeria had by then been internationally degenerated into a pariah state, Shell continued to collaborate with the regime just as intensively.
    2. The fact that Shell’s involvement in the trial went beyond implicit support is evident from the following facts and circumstances, which are explained below:
      •  Shell itself sent a lawyer to the trial, who kept it well informed and supported the position of the prosecutor by means of a so-called watching brief;
      •  Shell lied publicly about the role that its lawyer fulfilled at the trial;
      •  during the trial Shell maintained contacts with the judges who had been appointed to decide on the case;
      •  Shell’s lawyer was present at the bribing of witnesses who had to give incriminating statements against the “Ogoni 9”; they were offered compensation and a position at Shell;
      •  Shell’s protégé Okuntimo played a dominant role during the trial;
      •  at no time did Shell publicly or discretely distance itself from the course of events during the trial;
      • Shell kept emphasising its economic interests to the regime and during the trial negotiated with the regime regarding new projects in Nigeria. One month after the executions the large-scale National Liquid Natural Gas project was announced, by which the collaboration between the regime and Shell was extended for many years.

    8.5.2 Shell sent its lawyer to look after its interests

    281. Shell sent its own lawyer O.C.J. Okocha and his colleagues to the tribunal with a so- called ‘watching brief’. A watching brief in the Nigerian legal system is a way for a third party to keep informed of developments in proceedings in order to safeguard its direct interests in them. To this end the lawyer who has the watching brief usually works closely with the public prosecutor. Nigerian jurisprudence shows that a watching brief may be refused if a party has no interest in the trial: 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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