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Posts Tagged ‘Litigation’

Shell Withholds 100,000 Documents Critical To Ogoni Nine Case

BY PUNCH NEWSPAPERSEP 08, 2017

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

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

8 September 2017, 10:55 UTC

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

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

Will Oprah Winfrey portray Esther Kiobel in a movie about her epic battle with Shell? 

If Esther does eventually win her case, it will make the Erin Brockovich story look a tea party by comparison.

By John Donovan

The above headline may be premature but it really could be just a matter of time.

Last Thursday, 31 August, an application was filed with the United States Court of Appeals for the Second Circuit to film an appeal hearing made by Shell’s US lawyers Cravath, Swaine & Moore opposing an order made by a federal judge in favour of Esther Kiobel.

The application was made by Freke Vuijst a US correspondent of Dutch media and also covers her cameraman Martijn Hart. The applicant reveals that she is currently involved in the making of a film documentary about the case. The application says: “The above mentioned case is of direct interest to the Dutch public, since Esther Kiobel filed a case in the Netherlands.” read more

Lawsuit accuses Shell of discharging pollutants in Providence River

The Conservation Law Foundation also alleges that the multinational corporation headquartered in the Netherlands — the second-largest oil and gas company in the world — has failed to take adequate steps to protect the facility from rising waters caused by climate change and a projected increase in the frequency of coastal storms and rain events. FULL ARTICLE

CLF Sues Shell After DEM and EPA Ignore Company’s Violations of Clean Water Act

CLF says it was forced to take Shell to court after the Rhode Island Department of Environmental Management (DEM) and the Environmental Protection Agency (EPA) were notified of Clean Water Act violations but failed to take action. In addition to polluting the Providence River, the terminal is also accused of failing to plan for sea-level rise and other climate-change impacts. According to state flood maps, the terminal would be flooded by any category of hurricane. “We can’t wait around for the next natural disaster to inundate our communities. Shell’s facility sits on the banks of the Providence River, poised to spew toxic chemicals into our waters and our neighborhoods with no adequate safeguards in place,” CLF president Bradley Campbell said. FULL ARTICLE read more

SHELL’S TOP SPOOKS AT WAR WITH EACH OTHER

By John Donovan

Earlier this year we published an article about a spectacular falling out of ‘Security Professionals’ at the top of Shell.

Readers may recall the Mooch like comments attributed to Shell’s US boss Bruce Culpepper about Shell’s Business Integrity Department. He said that they “could not investigate their way out of a wet paper bag;” “they cannot investigate worth a shit;” and that he “did not want those fuckers involved…” If Bruce Culpepper denies that he made these memorable comments, then he is free to sue me for defamation. read more

Havlish v. Royal Dutch Shell PLC

The Judge was almost certainly unaware that Shell global management plotted to exploit the tragic 9/11 terrorist attack in New York City? Had the judge known about this fact and had seen the relevant Shell internal emails, it may have made him less susceptible to the arguments advanced by Shell’s lawyers.  Likewise, I would be surprised if the Judge knew just how far Shell had been prepared to go to evade sanctions against Iran. 

By John Donovan

Havlish v. Royal Dutch Shell Plc was the case heard in the US courts whereby victims of the 9/11 terrorist attack on the World Trade Centre twin towers attempted to obtain $2.1 billion from Shell that Shell rightfully owed to Iran, but could not pay because of sanctions. Havlish had obtained a $6.1 billion judgement against Iran but had no way of getting payment from the extremist Iranian regime.

A detailed article is printed below. Shell successfully resisted the claim and the case was terminated on May 25, 2016. 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: 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

    Alarming news today of potential fire and explosion on Shell North Sea platform

    By John Donovan

    History is repeating itself. Shell is in the news today over its  dangerous North Sea oil platform activities.

    Nearly 20 years ago, Shell senior management ignored warnings by HSE Auditor Bill Campbell about the Touch Fuck All regime on the Brent Bravo platform and its potential impact on worker safety. Production and profits were the overriding consideration. Maintenance records were routinely falsified. Lives were put at risk.

    Shell EP MD Malcolm Brinded promised to take action based on the scandalous state of affairs Mr Campbell’s team had discovered when he led the safety audit on the platform. The promises were not kept. As a result, platform workers subsequently lost their lives in what was judged by the Scottish legal authorities to be an avoidable accident on Brent Bravo. A record-breaking fine was imposed on Shell. read more

    Kiobel Writ: Shell and the Abacha regime operated a joint intelligence service

    The extent of Shell’s infiltration of Nigerian politics later became clear from the messages from the American embassy in Nigeria published by WikiLeaks. In them Executive Vice President of Shell in Africa at the time, Ann Pickard, boasted to the American ambassador that the Nigerian government had forgotten that Shell had seconded people to every ministry in the Nigerian government and was therefore aware of everything happening there

    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 volumous evidence.

    Shell and the Abacha regime operated in tandem

    Extracts begin:

    8.4.4 Shell and the regime operated a joint intelligence service

    267. Together with the State Security Service (“SSS”, the national intelligence and security service) Shell maintained its own network of informants. According to George Ukpong, Shell had daily contact with the commissioner of police of Rivers State and the director of the SSS in this period.362 The SSS, according to Upkong, “is one of the security agencies rendering valuable assistance in support of SPDC security operations in the state”; the SSS “has provided assistance in meeting some of our staff training needs” and “has been of particular assistance to [Shell] in the area of crime intelligence acquisition”. read more

    Shell’s proposed global organisation changes: Part 2

    By John Donovan

    Today we publish another sizeable chunk from Shell’s current internal consultative document which, although directed at Shell’s Dutch employees, includes a detailed description of Shell’s proposed global organisation changes. Still no legal action by Shell to prevent publication of its plans. 

    PROPOSED NEW TECHNICAL DIVISIONS & CHANGES TO THE HR & CP ORGANISATIONS:

    Technology

    The Technology Workstream within the Delivery Models offers an opportunity to further transform our Technology Commercialisation capability whilst delivering equal or better value creation in Shell from the development and deployment of technology at 35% lower P&T cost versus 2015 actuals and no additional cost to the business. Work undertaken to review the design and execution of the current technology delivery process have identified a number of pain points which include: read more

    Kiobel Writ: SHELL ARMED THE NIGERIAN POLICE FORCE

    Shell itself took action to provide the police force with arms. In the period in which the setting up of OPAPCO and the expansion of Shell’s police force were under discussion SPDC’s security adviser Victor Oteri asked the regime for consent to import more than half a million dollars of arms. The order included: – 130 SMG Beretta 9 mm Calibre; – 200,000 Rounds of 9 mm bullets/ammunitions; – 40 Berretta Pistols (to replace unserviceable ones); – Pump Action Shotgun 12 GA, 6 shots including slings – 50,000 rounds cartridges for Pump Action Shot Guns – 20,000 rounds Shotgun rubber bullets; – 500 Smoke Hand Grenades

    Shell and the Abacha regime operated in tandem

    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 Begin

    8.4.2 Shell provided vehicles and facilities

    258. It was characteristic of the relationship between Shell and the regime that “for relationship rapport” Shell regularly honoured all kinds of requests from the police and the security service, ranging from the payment of boat repairs to the purchase of air conditioning and office furniture.343 Shell even offered logistical support of its own volition.344 It also regularly paid field allowances for MOPOL345 and – as previously discussed in section 8.2.3 – vehicles and buildings were made available. Shell not only arranged the transport for MOPOL, but it was also common to take care of transport in the situations in which Shell asked the regime for “assistance”, as in the examples referred to sections 8.2.3 and 8.2.4.346 The Nigerian police also remained present in Ogoniland, which by then was already a no-go area for Shell, after 1993, with the aim of protecting Shell property.347 Among other things Shell paid the salaries and the meals of these officers.348 On request Shell provided operational maps to the Nigerian army, displaying all Shell’s activities.349 read more

    Kiobel Writ: Shell and the murderous Abacha regime operated in tandem

    Shell paid and maintained part of the Nigerian police force; Shell was prepared to purchase arms for the regime; Shell had puppets in place up to the highest level of the Nigerian government as a result of its revolving door policy, under which former employees of Shell work for the regime and vice versa; Shell maintained a network of informants in Ogoniland in conjunction with the regime. Shell was itself… a direct and active part of (all ranks of) the government apparatus that had to maintain ‘order’ in Ogoniland and to this end violated human rights on a wide scale. Shell’s police force in 1994 numbered more than 1,200 officers… Shell also had 41 marines and 128 MOPOL members… … in total the Shell-operated joint venture employed around 2,470 security staff…

    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 Begin

    8.4 Shell and the regime operated in tandem

    246. Not only did Shell stand at the cradle of the aforementioned excesses by requesting the intervention of MOPOL or the RSISTF again and again, it also factually enabled the regime to do this by providing it with arms, personnel and money. As such, Shell facilitated the excessive actions by the regime, but also fulfilled typical government tasks itself.247. The strong entanglement of Shell and the regime is evident inter alia from the following facts and circumstances, some of which have previously been discussed above: 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

    Kiobel Writ: Shell supported the Abacha army in fake ‘ethnic conflicts’

    Between July 1993 and April 1994 hundreds of Ogoni were killed and thousands became homeless as a result of apparent ethnic conflicts between the Andoni, the Okrika and Ndoki and the Ogoni population groups. The biggest attack took place on the Ogoni village of Kaa on 4 and 5 August 1993, when an estimated 35 to 124 villagers died; The regime later proved involved in the attacks itself, with Shell providing a helping hand.

    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 

    8.2.5  Shell supported the army in fake ‘ethnic conflicts’

    203. Between July 1993 and April 1994 hundreds of Ogoni were killed and thousands became homeless as a result of apparent ethnic conflicts between the Andoni, the Okrika and Ndoki and the Ogoni population groups. The biggest attack took place on the Ogoni village of Kaa on 4 and 5 August 1993, when an estimated 35 to 124 villagers died; widespread looting also took place and possessions and homes were destroyed.250 Despite repeated requests to this effect from MOSOP to Rufus Ada George and President Abacha, the Nigerian regime did not intervene in this period.251 The regime later proved involved in the attacks itself, with Shell providing a helping hand. read more

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