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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

The Ogoni Struggle is About Human Rights and Freedom

Their hope and expectations were that Saro-Wiwa’s hanging would silence the Ogoni people and send signals to the rest of Nigeria’s Niger Delta about what awaits anyone who raises questions about the unfair and inhuman distribution of the wealth of the people of the Niger Delta.

By Fegalo Nsuke

Ogoni, the people and the land represent an oppressed nationality, a people persecuted by their own government for seeking respect for their human and environmental rights especially over their natural endowments, a people whose government have authorized its armed forces to unleash on them, unimaginable brutality with assurances that military crimes against the Ogoni people will never be questioned nor punished.

Over 4,000 Ogonis have been killed since 1993 in state-sponsored terrorism and quite regrettably, no one has been prosecuted, punished or indicted in the Ogoni saga. read more

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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

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ROYAL DUTCH SHELL NEWS 12 NOVEMBER 2018

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The Inhumanity of Royal Dutch Shell in Ogoniland

In Ogoniland, Shell has polluted the land, turning it into a wasteland, destroying the people’s livelihoods and insisting on not compensating the people for the losses.

By Fegalo Nsuke

It’s barely two months to the twenty third memorial of nine Ogonis killed for Shell by the Nigerian authorities on November 10, 1995. This evil Enterprise we call Shell has stopped at nothing to push forward it’s brutally against the Ogoni people.

A few weeks ago, we – the Movement for the Survival of the Ogoni People (MOSOP) called for investigations into the cases of harassment against Ogoni women in Gokana by soldiers attached to Shell workers currently laying pipelines in Ogoniland. And more recently, the cases of Doodealo and Dr Nwosu, both researchers who were brutally manhandled by the same soldiers while they attempted to take samples for soil tests in Ogoniland. At this moment, the Nigerian authorities have not acted in any way to protect our women from further abuses nor have they commissioned any probe into these cases. In their response to the harassment of women, Shell claimed that the soldiers do not take instructions from them. But the fact remains that Shell invited the soldiers in their desperation to return to oil production in Ogoniland without any broad-based discussions with the people and therefore cannot deny responsibility for the crimes. Shell in Nigeria is inhuman and a Shame. Its conduct in Nigeria is despicable and an ugly representation of today’s business community. With her overwhelming influence on the Nigerian government, Shell has taken advantage of our country to inflict monumental pain on our people, abusing citizen’s rights and has also devised a way of evading justice for the people. In Ogoniland, Shell has polluted the land, turning it into a wasteland, destroying the people’s livelihoods and insisting on not compensating the people for the losses. Fully aware of the discriminatory laws under which Nigeria operates, the very laws that threaten the existence of resource-based communities like the Ogoni, Shell has completely abandoned their social responsibilities and has instead divided the people against each other just to maintain it’s dominance and deprive the people of every voice that can announce their oppression to the knowledge of the world. Shell has prosecuted the war on Ogoni with every resource available to it, exploiting the people’s weaknesses especially the discriminatory laws that has deprived the Ogoni people their rightful place in our country. Rather than helping to build a progressive and prosperous host Community, Shell is comfortable with the current system that allows the company do what it dares not to do in Europe. After taking over 100 billion dollars worth of oil from Ogoni, a company like Shell which doesn’t use her conscience continues to act indifferently even as it’s Pollutions in Ogoni sadly and currently kills over 200 Ogonis every week. Shell does not feel bothered that people’s livelihoods have been destroyed and they deserve to be compensated. Shell cannot claim to be ignorant about the fact that their cannot be remediation without compensation for damages. But Shell must pay for her crimes in Ogoniland. It does not matter the strength of the Nigerian armies, Ogoni will not surrender to murderers like Shell nor shall we surrender to the discriminatory laws of Nigeria which threaten our survival. We demand justice for the Ogoni people of Nigeria. We demand political rights to self determination, we demand the rights to a respectable and dignified living. These rights are currently enjoyed by other groups in Nigeria who take away Ogoni resources and share among themselves leaving Ogoni with nothing but the pain and sad consequences of revenue generation; we demand the review of the death sentences passed on nine innocent Ogonis during the regime of General Sani Abacha in 1995; we demand the payment of compensation by Shell for the destruction of livelihoods by oil spills from the company’s reckless oil mining business in Ogoniland since 1958, and an adequate funding for the cleanup and restoration of Ogoniland. These demands are justifiable, legitimate and do conform with the ideals of the founding fathers of our country. We state categorically that as a people, we shall not compromise on our rights nor shall we relent on our demands for fairness and justice as contained in the Ogoni Bill of Rights. This post is written by Fegalo Nsuke, publicly secretary of the Movement for the Survival of the Ogoni People (MOSOP). He wrote from Bori, Ogoniland.

Disclaimer

The views, information, allegations or opinions expressed above are those of the author/originator of the article. They have not been substantiated by the publisher of this website and may not represent the publishers views. read more

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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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Amnesty International Verdict on Ogoni 9 Trial

A British criminal lawyer, Michael Birnbaum QC, who observed the trial, concluded that it was deeply unfair. “The judgement of the Tribunal is not merely wrong, illogical or perverse. It is downright dishonest. The Tribunal consistently advanced arguments which no experienced lawyer could possibly believe to be logical or just. I believe that the Tribunal first decided on its verdict and then sought for arguments to justify them. No barrel was too deep to be scraped.”

Extracts from pages 33 & 34 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

OGONI 9: UNFAIR TRIAL AND EXECUTION

On 6 February 1995, Ken Saro-Wiwa, Dr Barinem Kiobel and the other prisoners were allowed to see their lawyers for the first time since their arrest in May the previous year.136 They were put on trial by a specially constituted tribunal – The Civil Disturbances Tribunal. Ken Saro-Wiwa, Barinem Kiobel, John Kpuinen, and Saro-Wiwa’s deputy in MOSOP, Ledum Mitee, were accused of inciting the murders. The other men were accused of carrying them out. They all faced the death penalty and were denied the chance to appeal. 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

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Nigerian Government and Shell Should be Ashamed of Ogoni Pollution Rather Than Publicize It – MOSOP

Nigerian Government and Shell Should be Ashamed of Ogoni Pollution Rather Than Publicize It – MOSOP

7 AUGUST 2018

The Movement for the Survival of the Ogoni People (MOSOP) says the Nigerian government and the Shell Petroleum Development Company of Nigeria Limited aught to be ashamed of their conduct in Ogoniland rather than speaking of cleanup plans for Ogoni as an achievement.

Nsuke spoke yesterday in Bori, Khana local government area of Rivers State during an interactive session with Ogoni youths. The MOSOP spokesperson said it was absurd to celebrate a shameful conduct like we have seen with Shell in Ogoniland. “Shell polluted the area and denied any wrongdoing, now a scientific report has unveiled the misconduct they hid for over 50 years“. “It is quite unfortunate that after over 50 years of polluting Ogoniland, our government and Shell do not understand that they should be apologizing to the Ogoni People and hurry to restore the land” he said. Nsuke further said “Shell and Nigeria’s conduct over the Ogoni issue is a shame because the government and Shell have watched over the destruction of Ogoniland and now want us to celebrate them because they want to use the cleanup to nichodimously resume oil production in Ogoni”. He maintained that Shell must be brought to justice over the more than 4000 Ogonis that have died from state-sponsored persecution and terminal diseases which now threaten every individual living in Ogoni Nsuke called on the government and Shell to compensate the Ogoni People for their losses, respect the rights of the Ogoni people as outlined in the Ogoni Bill of Rights, decriminalize the 9 innocent Ogonis including Ken Saro-Wiwa whom they hanged on November 10, 1995 and stop further abuses of the Ogoni People.

Disclaimer

The views, information, allegations or opinions expressed above are those of the author of the article. They have not been substantiated by the publisher of this website and may not represent the publishers views. 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

Amnesty International Damning Indictment of Royal Dutch Shell

SHELL SOLICITED THE INVOLVEMENT OF THE ARMED FORCES AND ENCOURAGED HUMAN RIGHTS ABUSES IN OGONILAND WITH PAYMENTS AND ASSISTANCE TO THE SECURITY FORCES (See Page 3 of the document cited immediately below)

Extracts from pages 29, 30, 31 & 32 of an Amnesty International document entitled: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

RAPE OF OGONI WOMEN AND GIRLS

During the military raids on Ogoni villages in 1994 and in the detention centres of Bori Military Camp and Kpor, soldiers raped women and girls. Human Rights Watch recorded several accounts in its 1996 report.120 One woman told researchers that she watched as two soldiers raped her 13-year-old sister at gunpoint during a midnight raid on Bori around June 1994. A woman in her late thirties gave a harrowing account of her rape by five soldiers on the morning of 28 May 1994. A teenager said she had been raped by four soldiers whom she and her younger sister encountered one morning in June 1994, as they were returning from a well near their house: read more

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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

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Shell spying and surveillance operations

Guardian Newspaper article 5 November 2015

Extracts from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

The extract below makes a reference to “Mr Hoots”, an American associated with the U.S. Intelligence community who became involved in the Shell/Donovan litigation, while falsely claiming to be on a journalistic assignment on behalf of Business Week magazine. It seemed obvious from his extensive activities on the case that an unknown party with very deep pockets was funding his false flag mission.

Extracts from pages 108 & 109

Mr. Hoots came to the UK specifically to gather information about my case against Shell and incurred substantial costs. He never approached Shell to find out their side of the story, only my solicitor, my witnesses and me. He never published an article. He used false pretences when speaking to all of us and gained access to an array of documents. I later found out that his modus operandi was entirely in keeping with the common method of operation by undercover agents engaged in corporate espionage. 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

HISTORICAL OVERVIEW OF THE OGONI CRISIS BY AMNESTY INTERNATIONAL

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa… The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP… 

Extracts from pages 17, 18 & 19 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

EXTRACT BEGINS

On 10 November 1995, nine men from Ogoniland, a small area within Nigeria’s oil-producing Niger Delta region, were hanged by the military authorities, after a blatantly unfair trial. Their bodies were then dumped in unmarked graves. One of them was the outspoken and acclaimed writer Kenule (Ken) Saro-Wiwa, who had gained worldwide recognition for his leadership of a campaigning organization, the Movement for the Survival of the Ogoni People (MOSOP). This had drawn attention to the ecological devastation caused by decades of oil production, and the lack of economic development, in Nigeria’s oil-producing areas. The other men executed that day were Dr Barinem Kiobel, a former government official, and seven members and supporters of MOSOP: Saturday Dobee, Paul Levula, Nordu Eawo, Felix Nuate, Daniel Gbokoo, John Kpuinen and Baribor Bera. 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

Nigeria’s Suppression of Civil Rights in Ogoni

The Shame of an African Giant:: The Case of Nigeria’s Suppression of Civil Rights in Ogoni

The author, Fegalo Nsuke is the Publicity Secretary of the Movement for the Survival of the Ogoni People (MOSOP). 

At the inception of this administration, I had anticipated some relief for the Ogoni people not only because the new president had during his campaign pledged to implement the clean-up of Ogoniland but I had expected that the clean-up will open discussions on crucial issues affecting the Ogoni people especially the issue of the political rights to self determination.

I had hopes that president Buhari’s integrity, based on what I had heard about him and his uprightness, will not be compromised and was actually optimistic of a renewed commitment to resolve the Ogoni problem.

I was sure that president Buhari understood that in over 30 years of oil exploration in Ogoniland, an estimated $81 billion dollars had been generated from the area, excluding the huge gas potentials of the area, the revenue from the two seaports, two refineries, a petro-chemical complex and two power stations in the area. read more

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Amnesty International: Is Shell a criminal enterprise?

This report examines the role of the oil company Shell in the violations and crimes committed by the Nigeria security forces. It focuses specifically on the potential criminal liability of Shell and/or individual Shell executives. The governments of Nigeria and Shell’s home states, The Netherlands and The United Kingdom, should investigate, with a view to prosecution, Shell and/or individuals, who were formerly in decision-making or supervisory positions within the company, for potential involvement in crimes linked to human rights violations committed by the Nigerian security forces in Ogoniland in the 1990s.

Extract from page 13 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary. Follows on from: COMPLICITY IN THE MISCARRIAGE OF JUSTICE AND EXECUTION OF THE OGONI NINE

EXTRACT BEGINS

CONCLUSION

That Nigeria’s government was responsible for grave human rights abuses during its campaign to crush the largely peaceful Ogoni protests during the 1990s is not in doubt. These human rights violations were carried out in response to community protests, and many occurred during armed attacks on defenceless Ogoni villages. Most of the violations of international human rights law detailed in this report also amount to crimes, potentially including murder or other unlawful killing, torture, a range of crimes related to physical assault, rape and destruction of property. 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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