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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

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

    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

    SHELL INTENT ON FORCED RETURN TO OGONILAND?

    We understand that killing the Ogoni people is not new to Shell neither does the company use its conscience in dealing with Ogoni issues, however, Shell and the NPDC’s forceful entry into Ogoni oilfields remains unacceptable to us as a people.

    By John Donovan

    Regular visitors will be aware that we publish on a daily basis extracts from the Esther Kiobel writ served on multiple Royal Dutch Shell companies on 28 June 2017.

    The writ is all about Shell’s evil alliance with a corrupt Nigerian regime against the Ogoni people, who had the misfortune of living in oil rich lands. In Saudi Arabia they would have ended up extremely wealthy citizens, but instead remain exploited and impoverished, living in a nightmare environment of oil contamination. All down to a greedy ruthless oil giant. read more

    Kiobel Writ: Shell rewarded notorious Lt Col Paul Okuntimo following excess of violence

    In the village of Korokoro the visit by Shell and the troops on 25 October 1993 led to a violent confrontation with the local population.

    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.

    EXTRACTS FROM ESTHER KIOBEL JUNE 2017 WRIT 

    8.2.6 Shell rewarded Okuntimo following excess of violence at Korokoro

    209. At the beginning of October 1993 the Rivers State authorities started peace negotiations between the Ogoni and Andoni. Shell and MOSOP were also invited to them, even though Shell was not a party to the agreement.264 Others present were “OMPADEC, the Military, the S.S.S. (State Security Service), the warring parties and Police representatives”.265 To the surprise of Owens Wiwa, who was present on behalf of MOSOP, Paul Okuntimo also joined the talks: read more

    Shell complicit in excessively violent action by the Nigerian regime

    Extract: Shell contributed to the ‘Umuechem massacre’: In 1990, Shell’s request to the authorities to terminate a peaceful demonstration in Umechem, a village just outside of Ogoniland, resulted in a two-day long punitive expedition by MOPOL. Dozens of people were killed, even more injured and many hundreds became homeless. Extract: MOPOL returned very early the next day to undertake a punitive expedition in Umuechem. During this expedition, 495 houses were set alight in their entirety. Many people got injured and internal Shell documents as well as a Human Rights Watch report speak of a death toll of 80.

    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. At the time of all of these horrific events in Nigeria, orchestrated to a large degree by Shell, the oil giant claimed that it was operating within its core business principles, including honesty, integrity, openness and respect for people.  read more

    Shell’s shocking toxic legacy

    ABOUT THE PROJECT

    The Niger Delta is Africa’s biggest oil-producing region, and one of the most polluted places on earth. Every year hundreds of oil spills destroy the environment and devastate the lives of communities living there.

    Some oil companies operating in the Niger Delta, such as Shell, publish oil spill investigation reports on their websites. But in the past they made false claims regarding the cause and size of oil spills to pay less compensation and avoid properly cleaning up the pollution.

    Help Amnesty researchers analyse thousands of these oil spill investigation reports – use your computer or phone and dedicate as little as 30 seconds to verify the cause, location or image of an oil spill.

    Your work will help us expose cases of false and misleading information and enable local communities demand proper clean-up and rehabilitation of pollution and environmental damage. read more

    Destruction of Ogoniland by Shell

    The Politicization of a Depraved Ogoni Remediation Project

    By Anthony Aalo

    To remediate is to correct or make right. Environmental remediation deals with the removal of pollutants or contaminants from environmental media such as soil, underground water, sediment, or surface water. An Ogoni elite Barinua Wifa (SAN), rightly puts it this way: “Remediation is when you put a person in the position he was before an injury”

    Before the deliberate destruction of Ogoniland by Shell, fishing and farming were the main means of livelihood undertaken daily by the Ogonis. The environment flourished with green vegetation, which supported families and small businesses. The Ogoni region, prior to the destruction was the largest food supplier in the entire eastern region of Nigeria and had the largest mangrove vegetation in the gulf of Guinea. read more

    Kiobel Writ: Ecological warfare by Shell

    “The Ogoni took stock of their condition and found that in spite of the stupendous oil and gas wealth of their land, they were extremely poor, had no social amenities, that unemployment was running at over 70 percent, and that they were powerless, as an ethnic community in a country of 100 million people, to do anything to alleviate their condition. Worse, their environment was completely devastated by three decades of reckless oil exploitation or ecological warfare by Shell.”

    Kiobel Writ: MOSOP: Movement for the Survival of the Ogoni People

    By John Donovan

    The numbered paragraphs below are extracted from the English translation of a 138 page Writ of Summons served on Royal Dutch Shell companies on 28 June 2017 by Dutch Human Rights law firm Prakken d’Oliveira. They represent four widows including Esther Kiobel who hold Shell liable for the murder of their husbands, individual Ogoni leaders now known collectively as the ‘Ogoni Nine‘. MOSOP Chairman Ken Saro-Wiwa was one of the group. For the purpose of this online publication, the footnotes are indicated in red text. read more

    Shell Litigation News Stories June 2017

    Supreme Court rules Shell acted in contempt over Corrib land access: The Irish Times: 14 June 2017

    The Supreme Court has found Shell E & P Ireland was acting in civil contempt of court orders when, nine years ago, it entered on to commonage lands at Rossport located on the modified route for the Corrib gas onshore pipeline.

    Company fined €300,000 over death of worker at Corrib gas tunnel: the journal.ie: 14 June 2017

    A GERMAN CIVIL engineering company has been fined €300,000 over the death of a contractor in 2013. Wayss and Freitag Ingenieurbau AG contractor Lars Wagner, who worked for Herrenknecht AG, was killed on 8 September 2013 at the Mayo project.

    Polluted-Water Case Against BP and Shell Revived: Courthouse News Service: 13 June 2017

    MANHATTAN (CN) — No longer protected by its deals with California prosecutors, BP and Shell must face another lawsuit alleging that its underground storage tanks continue to pollute Orange County’s groundwater with a toxic gasoline additive. read more

    CURRENT LITIGATION INVOLVING SHELL

    The following information is taken directly from Shell’s Annual Report for the year ended December 31, 2016

    PESTICIDE LITIGATION

    Shell Oil Company (SOC), along with other agricultural chemical pesticide manufacturers and distributors, has been sued by public and quasi-public water purveyors alleging responsibility for groundwater contamination caused by applications of chemical pesticides. Most of these law suits assert various theories of strict liability and seek to recover actual damages, including water well treatment and remediation costs. All of the suits assert claims for punitive damages. There are approximately 30 such cases pending. Based on the claims asserted and SOC’s track record with regard to amounts paid to resolve varying claims, management does not expect that the outcome of these suits pending at December 31, 2016, will have a material impact on Shell, although no assurance can be provided. read more

    Potent carcinogen contaminated drinking water used by millions, says report

    Abigail Elise: National Curator. Apr 20, 2017

    WASHINGTON — Shell Oil Co. and Dow Chemical hid a cancer-causing chemical in two commonly-used pesticides that contaminated the drinking water of millions of people in the state of California, according to lawsuits detailed in a report from the Environmental Working Group earlier this month. TCP, a poisonous insecticide gas, was used for decades in the pesticide Telone, made by Dow, and D-D, made by Shell.

    FULL ARTICLE

    Latest Shell News

    Shell’s top oil trader defends North Sea Brent activity: Financial Times

    Royal Dutch Shell’s top oil trader has launched a staunch defence against accusations that the company’s activity in the North Sea crude market had skewed the benchmark that underpins global oil prices. Shell is alleged to have traded aggressively in the region last year, contributing to heavy losses among rivals…

    Shell Throws The Blame To Residents on Slow Cleanup of Oil Spills In Nigeria: The Science Times

    EXTRACT: Oil and petroleum giant Shell blamed the Nigerian residents in the Delta community for its slow response in cleaning up the two oil spill incidents in 2008. Amidst almost a decade-long effort, Shell wasn’t able to fully contain the spill. However, there is a possibility that the clean-up might start next month. read more

    More Shell News Friday 24 March 2017

    Geologist for Shell says company hid Nigeria spill dangers: Associated Press

    Royal Dutch Shell’s Nigeria subsidiary “fiercely opposed” environmental testing and is concealing data showing thousands of Nigerians are exposed to health hazards from a stalled cleanup of the worst oil spills in the West African nation’s history, according to a German geologist contracted by the Dutch-British multinational.

    Shell says to start cleaning up 2008 Nigeria oil spills in April: Seeking Alpha

    The head of a group helping organize Royal Dutch Shell’s (RDS.A, RDS.B) clean-up of 2008 oil spills at a Nigerian Delta community says he hopes work can begin next monthShell agreed in 2015 on a £55M ($68.6M) settlement with the Bodo community after accepting liability for two pipeline leaks… read more

    Shell News Stories Friday 24 March 2017

    Shell sells onshore Gabon oil assets to Carlyle for $587 mln: Reuters/Daily Mail

    EXTRACT: For Shell, the deal marks a further step in a $30 billion asset disposal programme to help cut debt after its $54 billion acquisition of BG Group last year. The Anglo-Dutch oil company has sold assets for more than $15 billion since 2016.

    WSJ: Shell report cites “astonishingly high” pollution from Nigerian oil spills: Seeking Alpha

    EXTRACT: Royal Dutch Shell (RDS.A, RDS.B) oil spills that have not been cleaned up for more than eight years have contributed to “astonishingly high” levels of pollution in a Nigerian community, WSJ reports, citing a consultant who helped produce a confidential damage assessment for the company and its partners. The former director of the cleanup project says Shell has denied him permission to publish the study’s results, which dictated a need for health screenings in the Bodo community. read more

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