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FOR THE 2ND TIME U.S. SUPREME COURT BLOCKS JUSTICE FOR ‘OGONI 9’ WIDOW, ESTHER KIOBEL

U.S. Supreme Court Esther Kiobel decision on Monday 7 Jan 2019

Esther Kiobels’ late husband Dr Barinem Kiobel was one of the “Ogoni 9” executed by hanging two decades ago by a corrupt Nigerian military regime in bed with Shell. Esther holds Shell responsible for complicity in her husbands’ death and has sought justice ever since.

Her action in the U.S. courts against Shell which commenced in 1996, took a decade to reach the U.S. Supreme Court. Their decision on a legal technicality ended the litigation. In a precedent-setting decision, the U.S. Supreme court decided in April 2012 that Esther could not sue Shell in the USA for human rights crimes that took place in a foreign jurisdiction – Nigeria.

At that point, Esther contacted me to see if I could help, as she needed funding for any further litigation and advice on how best to proceed.

Astonishingly, Esther’s basic case has never been heard in court. Shell has successfully blocked her litigation for over 20 years by exploiting legal technicalities. 

I introduced her to a Dutch law firm with the intention of suing Shell in its home country. With the help and support of Amnesty International, a Writ was served on Shell in the Netherlands in June 2017. That litigation is in progress with the first court hearing due next month.

In preparation for the Dutch litigation, Esther applied to the U.S. courts in Oct 2016 for access to Shell discovery assembled for the thwarted U.S. litigation. The action was against Shell’s U.S. law firm Cravath, Swaine & Moore LLP who had retained 100,000 plus discovery items in a secure warehouse.

A U.S. Federal judge ordered Cravath to hand over the Shell internal discovery docs. Cravath appealed against his decision on 14 February 2018, and his decision was reversed by the U.S. Court of Appeals.

Lawyers acting for Esther then petitioned the U.S. Supreme Court to intervene.

On Monday 7 Jan 2019 the U.S. Supreme Court declined to do so.

So two U.S. Supreme Court wins for commercial Goliath (Shell) and nothing but disappointment for the destitute outraged widow of a Nigerian official hanged on trumped-up charges by a corrupt Nigerian despot carrying out Shell’s ruthless orders.

The trial was widely discredited. The verdict ignited global outrage. It led to Nigeria’s suspension from the Commonwealth.

Esther now lives in the USA where she is training to be a nurse.

Below is a link (and screenshot) for the U.S. Supreme Court website confirming the decision to decline the Petition.

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-706.html

Related article on a U.S court reporting website operating behind a paywall: High Court Won’t Review Cravath Shell Docs Decision

The U.S. Supreme Court on Monday declined to hear an appeal from a Nigerian activist’s widow who asked the court to review the Second Circuit’s decision barring her from obtaining Royal Dutch Shell PLC documents held by Cravath Swaine & Moore LLP for her suit against the energy giant in the Netherlands…

Disclosure by the author of this article: The lead claimant Esther Kiobel, her lawyer Channa Samkalden of the Dutch human rights law firm Prakken d’Oliveira representing the widows, and the acclaimed human rights organisation Amnesty International, have all acknowledged the involvement of John Donovan in bringing *this case. (*See Writ of Summons in English and Dutch served on Shell 28 June 2017 – copy obtained from US Pacer public electronic court records) read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Shell Kills Ogoni

IMAGE INSERTED BY JOHN DONOVAN

Even after his arrest, Kiobel bravely campaigned to improve conditions in his home area, writing to Komo to appeal for a military withdrawal from Gokana (in Ogoniland) because of “indiscriminate shootings, killing of innocent persons.” 

Extracts from pages 35 & 36 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Ken Saro-Wiwa: Before launching MOSOP, Ken Saro-Wiwa, from Bane in Ogoniland, was a successful writer. From 1985-90, some 30 million Nigerians tuned in every week to Basi and Company, a comedy-drama he wrote for Nigerian TV.152 Several of his books won international acclaim, including Sozaboy: A Novel in Rotten English, and On a Darkling Plain.153 The prosecution accused Ken Saro-Wiwa of inciting his supporters to kill the four chiefs meeting at Giokoo. It claimed that shortly before the attacks, he told a group of supporters “to deal with the “vultures.”154 The only witnesses to allege this, Charles Danwi and Nayone Akpa, subsequently signed alleging that the government and Shell had bribed them to make false statements (see above.)155 Ken Saro-Wiwa denied the accusation.156 read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Oil, Corruption, Nigeria and President Muhammadu Buhari

Shell CEO Ben van Beurden stands to the left of Nigerian President Muhammadu Buhari (the two people in the centre of the photo). 

By John Donovan

Nigerian President Muhammadu Buhari has just given oil giant Shell a nod for a new $5bn investment deal in a major Nigerian oil and gas project.

This was after being feted by Shell senior management during his just concluded 4 day visit to the Netherlands, which including a meeting with Royal Dutch Shell Plc Chief Executive Officer, Ben van Beurden.

AFP: Nigerian leader backs major Shell project on Dutch trip: 2018-07-19 17:07 read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

“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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Amnesty wants probe into Shell’s alleged role in 1990s Nigeria violence

Esther Kiobel, the widow of one of the nine Ogoni activists

Reporting by Libby George; Editing by Edmund Blair: NOVEMBER 28, 2017

LONDON/LAGOS (Reuters) – Amnesty International has called for a criminal investigation into the alleged role of Royal Dutch Shell in human rights abuses in Nigeria’s oil-rich Ogoniland in the 1990s, accusations the Anglo-Dutch oil company has denied. The rights group urged the British, Dutch and Nigerian governments carry out probes in a report that it said included evidence showing Shell’s involvement in suppression of protesters by the military government in the 1990s. Shell Petroleum Development Company of Nigeria Limited (SPDC) said the allegations were “false and without merit”. FULL ARTICLE read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

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, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com

Kiobel v Shell lawyers hearing 12 Sept 2017

Andrew Denney, New York Law Journal: September 12, 2017

Forcing Cravath, Swaine & Moore to hand over documents related to litigation against Royal Dutch Shell to a plaintiff seeking redress in Dutch courts would give rise to “discovery litigation tourism,” an attorney for the firm said Tuesday in arguments before a federal appeals court.

Esther Kiobel, who was unsuccessful in her effort to hold Shell liable in American courts for the 1995 execution death of her husband and eight others under the Alien Tort Statute, has taken her fight to the courts in the Netherlands. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net, shell2004.com, shellshareholders.org, don-marketing.com and cybergriping.com are all owned by John Donovan. There is also a Wikipedia article: royaldutchshellplc.com
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