Analysis: Will Nigeria yield in oil deal wrestling bout with Shell and Eni?

By Lionel Faull: 27 October 2020

High profile courtroom dramas involving multiple sides often have the feel of a WWE Smackdown wrestling match: titanic egos clashing with each other, trying to batter their foes into submission. The fighters forge alliances, and the argy-bargy can sometimes spill out of the ring and break out elsewhere in the auditorium.

An epic international corruption trial that is now drawing to a close under the glamourous lights of Milan is a case in point. read more

By John Donovan

In the recent article (below”) about the OPL 245 corruption scandal, published under the translated headline “Eni-Nigeria trial, Prosecutor requests 8 Years sentence for Descalzi,” reference is made to “an axis of spies that runs through this story.”

It mentions the involvement of Shell’s MI6 hires responsible for generating the incriminating emails found in the raid and search of Shell’s HQ that has done so much damage to Shell’s reputation. read more

Translation of an article published overnight by the Dutch media organisation nrc.nl

High prison sentences demanded against former Shell employees

Lawsuit In a criminal case for alleged corruption by Shell and Eni when purchasing a Nigerian oil field, the Public Prosecution Service demands high penalties.

Merijn Rengers and Carola Houtekamer: July 21, 2020 at 22:22

The Italian Public Prosecution Service demanded unprecedented high prison sentences in Milan on Tuesday against four former Shell directors and employees for large-scale corruption. The prosecution charges it to a former member of the board of directors, a director and two advisers who participated in bribery in Nigeria. The amount of the kickback, more than $ 1 billion, makes this one of the largest corruption affairs a Dutch company has ever been involved in. read more

Translation of an article published overnight by the Dutch news media organisation, nrc.nl

Of course, Shell knew about the corruption risk, the prosecutor said

Lawsuit over oil field In a dim Milanese bunker, Tuesday was worked towards the denouement in the corruption case against oil companies Shell and Eni. Prosecutor Fabio De Pasquale calls it “the perfect economic crime.”

Carola Houtekamer: July 21, 2020

The lawsuit revolves around the acquisition of rights to the oil field “OPL 245”, for which Shell and Eni paid $ 1.3 billion. Photo George Osodi / Getty read more

Nigeria: Malabu Scandal – Activists Kick As Italy Appoints Accused Official As ENI CEO

By Oladeinde Olawoyin

21 April 2020

The Italian government has re-nominated Claudio Descalzi as Chief Executive Officer of Eni, Italy’s largest multinational company and the country’s largest foreign oil producer in Africa.

Mr Descalzi is set to maintain the leadership role despite an ongoing criminal trial over corruption allegations surrounding the billion dollar 2011 acquisition by Shell and Eni of Nigeria’s OPL 245 oil license.

Italian prosecutors allege that the $1.1bn paid by Eni and their partner Shell for the OPL 245 licence was used to pay former Nigerian oil minister Dan Etete and was “intended for payment to a former Nigerian president, Goodluck Jonathan, members of the government, and other Nigerian public officials”. read more

3.3 THE “OPL 245” BRIBERY CASE

In 2018, Italian prosecutors brought a criminal case over the alleged involvement of Shell, and the Italian oil multinational Eni, in a 1.3 billion US dollar bribery scheme linked to the license of OPL 245. This is the name of one of Nigeria’s most valuable offshore oil blocks.

Thirteen individuals, including some current and former senior managers of Shell and the Italian oil company Eni, are currently on trial in Italy relating to how the two companies acquired the block in 2011.80 The defendants include both companies, a former Royal Dutch Shell Executive Board Member and two former MI6 agents who worked for Shell.81 read more

The Nigerian government on Monday lost a bid to postpone a massive claim against oil giants, Eni and Shell, in a London court.

Royal Dutch Shell and Eni’s bid to block a $1.1 billion civil claim over corruption allegations in Nigeria will go ahead next month, Mark Pelling, a judge in a London court ruled on Monday.

The court ruled that it should not wait for a connected Italian ruling.

Nigeria wanted the April court date postponed until January 2021, when a connected criminal case in Milan will have concluded. read more

Malabu Scandal: Italian judge orders prosecution of Nigerian businessman

February 24, 2020: Halimah Yahaya

An Italian judge has ordered a controversial businessman, Aliyu Abubakar, to stand trial, for his role in the Malabu OPL 245 scandal.

Reuters reported Wednesday that the Milan prosecutors alleged that Mr Abubakar played a major role in one of the oil industry’s biggest scandal in years.

The controversial businessman, through his companies, received over half of the $1.1 billion paid by Shell and Eni for OPL 245. He also allegedly gave out more than $500 million in cash to powerful Nigerian government officials. read more

In 2020 Shell will face unprecedented legal scrutiny over decades of human rights abuses in Nigeria, Amnesty International said today, as the oil giant braces itself for conclusions in a string of European court battles. Allegations range from complicity in unlawful executions to systemic pollution and environmental damage in the Niger Delta.

(RELATED: Investigate Shell for complicity in murder, rape and torture)

Amnesty International has been researching Shell’s activities in the Niger Delta for more than 20 years, compiling compelling evidence of the company’s role in human rights abuses. In a report released today, the organization highlights the various cases that are finally putting Shell’s harmful operations in Nigeria on trial. read more

English translation of an article published by the Dutch news media giant nrc.nl 

A suitcase full of secrets about oil, sex and bribery by Shell

• Merijn Rengers
• Carola Houtekamer
• 13 Jan 2020

Shell in Nigeria A dubious game took place around Africa’s most coveted oil field. New, secret documents from a confiscated suitcase tell how Shell tried to avoid reputational damage.

Former oil minister Dan Etete (r) was the owner of the oil field, but also infected after a conviction for money laundering. Photo Gindl Barbara / AFP

What’s the news?

The Italian prosecutor suspects that the former chief executive of Shell in Nigeria has benefited from the controversial purchase by Shell of the mega-oil field OPL 245 off the Nigerian coast. This is Sunmonu Mutiu, who led the Nigerian division of the Anglo-Dutch oil company. read more

Extracts from NIGERIA Africa Energy Intelligence article dated 07/01/2020

As an Italian court continues its probe into the award of Nigeria’s most promising offshore block, all those involved in the deal at Shell are no longer with the major.

These include the head of upstream at the time Malcolm Brinded, former general counsel Keith Ruddock and legal advisor for Africa Guus Klusener.

Shell’s political advisor and ex-MI6 John Copleston, who met with Etete on several occasions to discuss the OPL 245 deal in 2010, has left…

Another former MI6 agent, Guy Colegate, who had advised Shell during the OPL 245 talks from Nigeria, left to work for Heritage Oil in 2013… read more

Hakluyt is known as a retirement home for ex-MI6 officers…

Hakluyt (now Holdingham Group Ltd) a private MI6 outfit, that met with …

Hakluyt, a UK-US corporate intelligence arm and offshoot to MI6

Created by former MI6 British Secret Service agents, Hakluyt is an ultra secretive firm whose client list reads like a who’s who of the business world…

The ensuing scandal catapulted Hakluyt to mainstream notoriety, and led several MPs to accuse MI6 of using the firm as a front for its own operations. read more

The screenshot Information about James W.D. Hall, Head of Royal Dutch Shell Global Corporate Security was downloaded on 11 June 2019 and assumed to be correct and current at that time. He is in charge of over 250 Shell security supervisory staff worldwide. Is he yet another Shell MI6 hire, as per his predecessor, Ian Forbes McCredie? The selection of authentic high-level Shell internal emails below provides some indication of the character and ethics of senior Shell executives and Shell’s hired spooks. More court exhibits will be added on a regular basis until further notice.  

U.S. Court Case 4:17-cv-01970

SOURCE

Related article: Spectacular falling out of ‘Security Professionals’ at the top of Shell

Extract from the 80-page legal complaint (recommended read to understand why Shell could not let the case go to trial)

Mr. Hall’s own e-mails and statements clearly prove that he violated Section 3.4 of Shell’s Code of Conduct, which states, in relevant part, that “[w]hen making employment decisions, including hiring, evaluation, promotion, training, development, discipline, compensation and termination, you must base them solely on objective factors, including merit, qualifications, performance and business considerations. . . . [Y]ou should understand the value of diversity and must not discriminate in any way based on race, colour, religion, age, gender, sexual orientation, gender identity, marital status, disability, ethnic origin or nationality.” read more

It appears, according to court documents, at the request of ‘Royal Dutch Shell plc’ and four suspected former Shell employees who are mentioned by name and by name in the Italian summons. These are two former British secret agents, hired by Shell as oil men whose main task was to make the inscrutable Nigerian policy more transparent. And two senior Shell managers: former board member Malcolm Brinded and former Africa director Peter Robinson. The foursome is said to have been closely involved in preparing the bribes payments…: “He is a former head of the British secret service MI6, but really no more than a junior employee at Shell in Nigeria.

…in the Netherlands, the FIOD invaded the head office in 2016 and a criminal case for corruption seems imminent. 

Translation of an article published today by the Dutch broadcaster NRC Handelsblad.

“By Nigerian standards, this was a great oil deal”

Shell lawsuit: After months of waiting, Shell took the floor on Tuesday in the court case about possible bribery at the unexplored Nigerian oil field OPL245.

By Merijn Rengers, Carola Wood Room, June 4, 2019

Room 7, where the largest corruption case in Dutch company history is fought, is bursting at the seams. It is warm and noisy and the available seats are already set aside early in the morning for at least 25 Italian lawyers, their crowd of assistants and prosecutors. The other listeners – Shell representatives, activists, interested parties – are forced to sit and sit in the back, or cage in two paying cells on either side of the courtroom where normally detained suspects await their verdict. read more

Esther Kiobel and John Donovan, 28 April 2019, days before a Dutch court ruled in favour of Esther and her co-plaintiffs in an action against Shell allowing their case to proceed

By John Donovan

In 1996, Shell used the sinister specialist services of what could be described as an in-house spying resource set up by former MI6 officers, Hakluyt & Company Limited with titled Shell directors acting as the ultimate spymasters.

At that time, Sir William Purves was Chairman of Hakluyt & Company Limited and Sir Peter Holmes, a former Chairman of Shell, was President of the Hakluyt Foundation. Both were also major shareholders in the corporate spy outfit, while also being Shell directors.

Hakluyt was allegedly set up to carry out “deniable” corporate espionage operations.

A German-born secret service agent Manfred Schlickenrieder working undercover for Hakluyt was sent to Nigeria on a mission relating to allegations of environmental damage caused by Shell’s oil drilling in Ogoniland.

Extracts from a related front-page article published by The Sunday Times in 2001 under the headline MI6 ‘Firm’ Spied on Green Groups:

Schlickenrieder sometimes posed as a left-wing sympathizer and documentary filmmaker.

He also tried to dupe Anita Roddick’s Body Shop group to pass on information about its opposition to Shell drilling for oil in a Nigerian tribal land.

His company was a one-man band with a video camera making rarely seen documentaries.

He made a film on Shell in Nigeria called Business as Usual: the Arrogance of Power, during which he interviewed friends of Ken Saro-Wiwa, the Nobel prize nominee, who was hanged by the military regime in 1995 after leading a campaign against oil exploration. Schlickenrieder sent a letter to a Body Shop executive saying he had been researching the activities of Shell in Nigeria…

Fouad Hamdan, communications director of Greenpeace Germany, said: “The bastard was good, I have to admit. “He got information about our planned Atlantic Frontier campaign…”  He added: “Manfred filmed and interviewed all the time…”

The Sunday Times article is short on dates and information about what Shell’s undercover agent was up to in Nigeria, but it was at a time when litigation was being contemplated against Shell by relatives of Ken Saro Wiwi and Ogoni Nine widows.

Perhaps information about the purpose and timing of his spying mission in Nigeria will be contained in the confidential Shell internal documents the Dutch Court has ordered to be handed over to Esther Kiobel and her co-plaintiffs. Sight of his briefing by Shell/Hakluyt could be very revealing.

Part of the Kiobel & Co Dutch case against Shell relates to alleged Shell bribing of witnesses in the Ogoni Nine trial, which ended with the hanging of all nine individuals, including Ken Saro-Wiwi and the beloved husband of Esther Kiobel, Dr Barinem Kiobel.

Salient extracts from the Wikipedia article “Ogoni Nine”

The executions provoked international condemnation and led to the increasing treatment of Nigeria as a pariah state…

At least two witnesses who testified that Saro-Wiwa was involved in the murders of the Ogoni elders later recanted, stating that they had been bribed with money and offers of jobs with Shell to give false testimony – in the presence of Shell’s lawyer.

Shell’s close association with former MI6 people has continued through the years. They always seem to be lurking in the shadows.

I am in possession of irrefutable evidence that an ex MI6 man Ian Forbes McCredie,  hired by Shell to be head of Shell Global Security, was also part of Hakluyt & Company.

More recently, Ben van Beurden, the current Chief Executive of Royal Dutch Shell Plc mentioned in a telephone conversation that Shell had hired former MI6 people in connection with the OPL 245 oil deal. He did not know that the conversation was being covertly recorded by OPL 245 investigative authorities.

Two of the defendants in the current OPL 245 criminal $1.3bn  corruption trial against Shell in Italy are indeed former MI6 agents; namely John Copleston and Guy Colegate.

Would someone kindly explain how any of this sinister and unscrupulous activity is compatible with Shell’s claimed core business principles, including honesty, integrity and transparency?

ARTICLE ENDS

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) As Esther generously said on 28 April 2019, the Dutch case would not have happened without the help of John Donovan.  read more

By John Donovan

Shell internal email communications obtained from Shell under the UK Data Protection Act 1998 provide proof of Shell’s intent to “kill” news coverage of John Donovan and his website, royaldutchshellplc.com.

Please read this Shell internal email about a half page news article written by then Sunday Times journalist Steven Swinford. It clearly indicates Shell’s intent to “kill” the article.

The article was about my intervention in the Sakhalin 2 project, which cost Shell its majority stake in the venture. Although the entire article was read to me over the phone by Steven Swinford hours before it was due to be published, it never appeared. read more