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Kiobel Writ: Notorious Lt Col Paul Okuntimo paid by Shell

Interviewed by The Sunday Times in Nigeria last week, Okuntimo initially admitted being paid by Shell while he was in charge of crushing Ogoni protests against the company. ‘Shell contributed to the logistics through financial support. To do this, we needed resources and Shell provided these,’ he said.

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

8.3.2 Okuntimo worked partly on behalf of Shell

236. Okuntimo repeatedly and publicly stated that he conducted the operation in part on behalf of Shell.312 In the American proceedings, Boniface Ejiogu, who at the time of the Ogoni crisis was Okuntimo’s assistant, furthermore stated that he had witnessed the handing over of money by Shell to Okuntimo three times, twice by George Ukpong (exhibits 24 and 25).313 Ejiogu also stated that Ukpong and Okuntimo met each other regularly, usually in Ukpong’s office in the Industrial Area, but also at Ukpong’s home.314 Shell also assisted the RSISTF in the form of rations, ammunition and transport.315 The payments to Okuntimo by Shell were confirmed by another witness, Raphael Kponee, who was a member of Shell’s police unit and who worked at Shell’s Industrial Area (exhibit 39).316 In the American proceedings, Shell employee Osazee Osunde also testified that he had seen Ukpong and Okuntimo together on Shell’s Industrial Area.317 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

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

Kiobel Writ: Shell’s requests led to deaths at Bonny Terminal and Trans Niger Pipeline

The fatal incidents in Umuechem, at the Bonny Terminal and the TNP evidently did not give rise to greater caution at Shell; even after these experiences it asked the Nigerian regime to deploy additional police and army units for the protection of its facilities.

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

Oil Thieves Force Nigerian Pumping Station To Shutter

Oil thieves are bringing Nigerian crude oil pumping stations to their knees, according to a new report from World Oil.

FULL ARTICLE

Kiobel: Latest Shell Lawyer Salvo in the USA Courts

By John Donovan

Printed below is the content of an OPPOSITION TO MOTION filed on 17 July 2017 by a bunch of very high priced lawyers acting for very high priced Shell lawyers Cravath, Swaine & Moore LLP in the US Court of Appeal.

Shell is battling behind the scenes to avoid, at all costs, handing over 100,000 items of potentially incriminating Shell internal discovery assembled years ago for the original Kiobel action against Shell in the US, which Shell managed to eventually evade on a jurisdiction issue decided by the US Supreme Court. 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

Nigeria Oil Thieves Keep a Lid on Output Even as Bombs Abate

As much as 30 percent of the oil sent by pipelines through the swampy Niger River delta is stolen… The 60,000-barrel-a-day flow station, owned by Royal Dutch Shell Plc’s Nigerian unit and idle for most of June, illustrates the nation’s struggle to restore deliveries of its most vital resource. Even after the government quelled a militant uprising that sent production to a 30-year low last August, smaller-scale sabotage caused by people trying to steal oil remains rife.

FULL ARTICLE BY PAUL WALLACE read more

Kiobel Writ: SHELL COMPLICITY IN HUMAN RIGHTS VIOLATIONS

Shell was repeatedly behind excessively violent action by the regime against the Ogoni and other population groups that were protesting against Shell. During the trial Shell was also in direct contact with the Tribunal judges and Shell’s counsel assisted the regime in bribing witnesses.

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.

8. SHELL IS COMPLICIT IN THE HUMAN RIGHTS VIOLATIONS AGAINST THE OGONI 9 AND THE CLAIMANTS

8.1 Introduction

160. As explained in the previous chapter, under Nigerian law encouraging or inciting human rights violations, promoting or contributing to them, sharing in making them possible or facilitating them leads to complicity. read more

Shell Executive Director Who Stole Nigeria’s Oil Money

By John Donovan

Nigerian Mrs. Diezani Alison-Madueke is back in the news. She must have Shell oil running through her veins.

Both of her parents worked for Shell. She joined Shell and went to the top becoming an executive director of Shell in Nigeria. She was subsequently appointed Nigerian Minister of Petroleum Resources in March 2010 by the corrupt Nigerian president Goodluck Jonathan, later implicated with Shell in the OPL 245 scandal. 

Her elevation continued. She became the first female president of the OPEC – the oil price fixing cartel. read more

Kiobel Writ: INTERNATIONAL JURISDICTION OF DUTCH COURTS

Large-scale corruption in Nigeria and within the Nigerian judiciary has for a long time been a clear problem. Consequently, a proper judicial process cannot be guaranteed in Nigeria.

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.

INTERNATIONAL JURISDICTION OF DUTCH COURTS

6.1 Jurisdiction under the Brussels I Regulation

132. Shell Petroleum NV and Royal Dutch Shell plc have their registered offices in The Hague. It is therefore an established fact that under article 4(1) in conjunction with article 63 of the recast Brussels I Regulation the Dutch courts have jurisdiction to hear disputes in respect of these parties.167 The district court of The Hague has subject-matter jurisdiction. read more

Kiobel Writ: PROCEEDINGS IN THE UNITED STATES

The defendants were accused of complicity in various human rights violations and crimes committed against the Ogoni in Nigeria, including summary executions, crimes against humanity, torture, inhuman treatment, arbitrary arrest and detention, criminally negligent homicide, indecent assault and ill-treatment. In the case against Royal Dutch/Shell it was also argued that the company acted contrary to the Racketeer Influenced and Corrupt Organizations (RICO) Act. On 8 June 2009, with the trial on the point of starting, Shell and the claimants agreed an out-of-court settlement. Shell paid the claimants a sum of $15.5 million in damages. 

 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 is provided after the extracts.

PROCEEDINGS IN THE UNITED STATES

5.1 Introduction

120. Following the execution of their husbands, the claimants were subject to constant threats and harassment by the Nigerian regime.162 Esther Kiobel, like many other Nigerians who became victims of Shell and the military regime, resettled in the United States from the refugee camp in Benin. In the United States two groups of victims and surviving dependants demanded damages from Shell in a civil action. The Saro-Wiwa case ended in an out-of-court settlement (see section 5.2). In the case brought by inter alia claimant 1, Esther Kiobel, the American Supreme Court ultimately did not consider that the American courts had jurisdiction to judge the case (see section 5.3). read more

We warned Shell in 2005 that Corrib would turn into a PR disaster

By John Donovan

An article we published on 3rd July 2005 warned in relation to the Corrib Gas project in Ireland: “Do we spy another PR disaster on Shell’s horizon…”

I went on to warn:

..there appears to be all of the ingredients present for another Shell PR disaster…

At the 2005 Shell AGM, the then Chairman of Shell Transport and Trading Company Lord Oxburgh, was gung-ho about  jailing land owner opponents of the Corrib gas pipeline, who became known as the Rossport Five. read more

Kiobel Writ: OGONI 9 SHOW TRIAL: ill-treatment of lawyers and family members

On 19 February 1995, when Esther again tried to visit her husband, she was locked up by Okuntimo and tied naked to a chair. Then she was beaten with a koboko and sexually harassed and assaulted by Okuntimo.

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 is provided after the extracts. 

THE OGONI 9 SHOW TRIAL 

4.5 Ill-treatment of lawyers and family members

Both lawyers and family members of the suspects were seriously intimidated, threatened and even ill-treated during the trial.138 On several occasions the lawyers were denied access to the heavily protected court.139 For example, at the session of 21 February 1995 Fawehinmi related how that morning he was forced by Lt. Hassan, who worked directly under Okuntimo, under threat of violence, to board a police bus. Lawyer Falana was beaten in the same incident.140 These two lawyers were also unlawfully detained by the regime during (the run-up to) the trial.141 Oso, Kiobel’s lawyer, related how he became the victim of serious intimidation. On arrival at the courthouse he was told to leave after which his driver was beaten up and his car destroyed.142 That same morning Saro-Wiwa’s 74-year-old mother was beaten up on the instructions of Lt. Hassan when she tried to enter the court.143 When Kiobel was asked on 22 June 1995 whether he could arrange another lawyer since Oso had stopped his defence, he stated, to the annoyance of Judge Auta, how his family was being harassed by the army:

“I have been detained since last year. I have no access to anybody to go and get any further information for anything or get a capable lawyer who will be able to stand to defend me. Surprisingly, Thursday last week, even my family at home and secretary to the Chief of my village are being chastised by the Armed Forces because of this matter.”144 read more

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