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Posts under ‘Channa Samkalden’

TIMELINE of Shell’s operations in Nigeria

LONDON, Sept 23 (Reuters) – Royal Dutch Shell pioneered Nigeria’s oil and gas industry and remains a major investor in the West African country. But over the decades it has come under fire over spills in the Delta region and struggles with oil theft, corruption and oil-fueled violence.

Following are some of the highlights of Shell’s history in Nigeria:

1936 – The Royal Dutch Shell Group establishes a Nigerian venture with the precursor company of BP Plc. The first shipment of oil from Nigeria takes place in 1958. read more

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Extraordinary decision by U.S. Appeals Court in Kiobel v Royal Dutch Shell litigation

By John Donovan

The United States Court of Appeals for the Second Circuit has refused to reconsider its extraordinary decision barring a Nigerian activist widow Esther Kiobel, from obtaining Royal Dutch Shell discovery documents from a U.S. case, held by Cravath Swaine & Moore LLP, for litigation she is pursuing against the oil and gas giant in the Dutch courts.

Her husband, Dr. Barinem Kiobel, was one of the “Ogoni 9,” executed by the then Nigerian military regime on false charges. Esther Kiobel holds Shell complicit in his hanging. read more

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

Esther Kiobel accuses Shell of complicity in the murder of her husband

By John Donovan

The New York Law Journal has published an article about the recent outcome of an appeal heard by the U.S. Appeals Court regarding over 100,000 discovery documents assembled by Shell in the USA for an action brought against Shell by Esther Kiobel.

That litigation, which began some 22 years ago, ended with a U.S. Supreme Court decision on subject-matter jurisdiction grounds.

In June 2017, Esther Kiobel switched the same basic litigation to the Dutch Courts and tried to obtain the Shell discovery stored in a secure warehouse by Shell’s American law firm, Cravath, Swaine & Moore. read more

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

SHELL CONTINUES TO EVADE JUSTICE FOR COMPLICITY IN OGONI 9 MURDERS 

Dr. Barinem Kiobel was one of the “Ogoni Nine” executed by a despotic Nigerian regime after a rigged trial. His widow, Esther Kiobel, holds Shell responsible for his murder on trumped-up charges and has been seeking justice for the last 22 years.

By John Donovan

Since 1996, various Kiobel family members have been pursuing litigation in the USA relating to Shell’s conduct in Nigeria. This fact is confirmed from the screenshot of listed court cases filed in the USA and blocked by Shell. Only one related application is still open and it is on the way to being closed as a result of a decision by a U.S. Appeals Court yesterday. The remaining case is described by the three Appeal Court judges as “extraordinary, and possibly unique.” read more

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

“I will fight to my last breath” – Esther Kiobel on her 22-year battle to get Shell in court

Esther Kiobel poses with a picture of her beloved late husband, Dr. Barinem Kiobel, one of “Ogoni 9” executed by Nigeria’s military government after a peaceful uprising against Shell in 1995. Photograph: Amnesty International

29 June 2018

Esther says Amnesty activists have given her the strength to carry on fighting for justice

A year ago today, Esther Kiobel stood on the steps of the Palace of Justice in The Hague. It had taken over twenty years to get there, but she had just filed a landmark case against the oil giant Shell over what she says is its role in the 1995 execution of her husband Dr. Barinem Kiobel. Dr Kiobel, a former government official, was hanged by the Nigerian military government in connection with widespread protests against oil pollution in the Niger Delta. read more

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

Amnesty International demands criminal investigation of Shell’s complicity in murder

Esther Kiobel poses with a picture of her late husband Dr. Barinem Kiobel one of nine men executed by Nigeria’s military government after a peaceful uprising in 1995 against Shell’s widespread pollution in Ogoniland. Photograph: Amnesty International

Multiple news stories: Amnesty International demand criminal investigation of Shell complicity in Nigerian murder, torture and rape

The Guardian: Amnesty seeks criminal inquiry into Shell over alleged complicity in murder and torture in Nigeria

Extract: Amnesty International is calling for a criminal investigation into the oil giant Shell regarding allegations it was complicit in human rights abuses carried out by the Nigerian military. Amnesty is urging the UK, Nigeria and the Netherlands to consider a criminal case against Shell in light of evidence it claims amounts to “complicity in murder, rape and torture” – allegations Shell strongly denies. read more

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

SHELL EVADING RESPONSIBILITY IN NIGERIA

My name is Esher Kiobel. I would like to tell you about my epic fight with the Goliath oil company Royal Dutch Shell, whose army of lawyers have battled since 2001 to prevent my case against the evil company from being heard in court. I hold Shell responsible for crimes against my family, including the execution of my distinguished husband Dr. Barinem Kiobel who was hanged along with fellow Ogoni, collectively known as the Ogoni 9. Ken Saro-Wiwa, a winner of the Goldman Environmental Prize, was also one of the Ogoni 9. read more

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

SHELL STILL TRYING TO GET AWAY WITH MURDER – LITERALLY

Thurgood Marshall U.S. Courthouse, New York, New York

An important decision day for Esther Kiobel in the above U.S. Courthouse tomorrow, Tuesday 12 Sept 2017 in her epic attempt to bring Shell to Justice for complicity in the murder of her husband Dr. Barinem Kiobel, one of the  Ogoni Nine. She is seeking more than 100,000 Shell discovery documents stored in a secure US warehouse. 

“Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.”

By John Donovan

The text shown in red is an extract from an article by Jenna Greene from The Litigation Daily published in the US yesterday under the headline “Cravath in the Crosshairs”.

Cravath, Swaine & Moore are Shell’s lawyers. In 2013 they managed to torpedo on jurisdiction grounds a 2002 US lawsuit against Shell led by Esther Kiobel. After over a decade of litigation to stop the case from being heard, Cravath won a US Supreme Court decision in 2013 on that important point of law, without her charges against Shell  ever being considered. read more

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

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

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

$2.47bn at stake in US case: Shell/Exxon v Nigerian National Petroleum Corp

By John Donovan

Provided below are links to a selection of US court documents I have published online about a dispute being litigated in the US courts involving Shell, Exxon and the state-owned Nigerian National Petroleum Corp (NNPC). A gigantic sum (including interest) of $2.47bn USD is at stake.

In an echo of the Esther Kiobel v Shell case, also currently being heard in the US courts, the current arguments are about the discovery process. (Esther is actually suing Shell’s US lawyers, Cravath Swaine & Moore.) read more

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

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, shellnazihistory.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

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