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

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

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

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

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

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

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

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

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

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

Shell is still bulldozing Ogoni farmlands and continuing with the laying of these pipelines.

Extract from a press briefing given by Legborsi Saro Pyagbara, MOSOP President on 2nd March 2018

MOSOP reiterates its earlier position maintained since last June 2017 that Shell’s continuing laying of pipelines in Ogoniland is a negation of the environmental rights of the Ogoni People and a great display of impunity against the extant laws of this country.

MOSOP had right from the onset demanded that Shell carries out an Environmental Impact Assessment (EIA) and Social Impact Assessment (SIA) on these areas before the pipelines are laid. When this request was rebuffed, MOSOP called out Ogoni people for a peaceful protest on the 4th August 2017 at Biara Community. Shell suspended operations but later resurfaced again at another flank of the Ogoni community in October 2017. read more

…at all times, Shell’s directors based in The Hague and London were fully aware of what was happening in Nigeria and what the staff of Shell Nigeria were up to. The evidence also makes clear that staff in London and The Hague were not passive recipients of this information. A clear directing role is evident.

Extract from page 12 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE?SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary.

BEGINS

COMPLICITY IN THE MISCARRIAGE OF JUSTICE AND EXECUTION OF THE OGONI NINE

The culmination of the Nigerian military government’s campaign to crush the MOSOP protests was the execution of the Ogoni Nine on 10 November, 1995. Shell knowingly provided encouragement and motivation to the military authorities to stop the MOSOP protests, even after the authorities repeatedly committed human rights violations in Ogoniland and specifically targeted Ken Saro-Wiwa and MOSOP. By raising Ken Saro-Wiwa and MOSOP as a problem, Shell was reckless, and significantly exacerbated the risk to Saro-Wiwa and those linked to MOSOP. Shell knew full well that the government regularly violated the rights of those linked to MOSOP and had targeted Saro-Wiwa. Following the arrests and during the blatantly unfair trial, the nature of the danger was clear. However, even after the men were jailed, being subjected to torture or other ill-treated and facing the likelihood of execution, Shell continued to discuss ways to deal with the “Ogoni problem” with the government, and did not express any concern over the fate of the prisoners. Such conduct cannot be seen as other than endorsement and encouragement of the military government’s actions. read more

By Fegalo Nsuke

The Movement for the Survival of the Ogoni People (MOSOP) wishes to state its displeasure over an attempt by the Shell Petroleum Development Company of Nigeria Limited to forcefully resume oil production in Ogoniland.

We state unequivocally that the actions of Shell are unacceptable to the Ogoni people. We note that Shell and its allies are still Persona Non Grata in Ogoniland and consequently, any attempt to forcefully resume production in Ogoni without properly negotiating with all stakeholders will surely be resisted by the Ogoni people and could lead to a breakdown of the peace and possible military crackdown as usual.

MOSOP therefore demand the immediate withdrawal of all equipment belonging to Shell in Ogoniland. read more

President of MOSOP, Legborsi Pyagbara addressing Ogonis during a protest against Shell’s pipe laying in Ogoniland, August 2017.

The Movement for the Survival of the Ogoni People (MOSOP) says resolving the Ogoni problem will require multi-stakeholder discussions involving Shell the Nigerian government and the Ogoni people. President of MOSOP Legborsi Saro Pyagbara made this known yesterday in Boue, Khana Local Government Area of Rivers State.

Addressing a meeting of MOSOP Kingdom Coordinators, Pyagbara who was represented by the organization’s Publicity Secretary, Fegalo Nsuke, said all parties to the conflict including Shell, the Nigerian government and the Ogoni people must meet to resolve the Ogoni conflict which has led to the death of over 4,000 persons and a generation of Ogoni leaders.

Nsuke accused the Nigerian government and Shell of deliberately encouraging conflict in Ogoniland by attempting to resume oil production without resolving the issues raised by the Ogoni people. read more

Shell managed a large force of police officers, which provided security for the company’s personnel and property. The records show that this force included a team of undercover officers, which received training from the security services. 

Extract from pages 11 & 12 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary.

BEGINS

SHELL LENT MATERIAL SUPPORT AND ASSISTANCE TO THE ARMED FORCES

Shell provided the security forces with logistical support and payments as a matter of routine during the 1990s. Former Shell Nigeria chairperson, Brian Anderson explained that this was standard practice in relation to the military:

“In reality, any operational contact with the government requires financial and logistical support from Shell. For example to get representatives of the Department of Petroleum Resources to view an oil spill we often have to provide transport and other amenities. The same applies to military protection.” (emphasis added) read more

…Brian Anderson had another meeting with General Abacha. Despite being aware that Ken Saro-Wiwa and scores of others were now in detention and that many Ogonis had been killed in raids by the ISTF, Anderson’s own notes of the meeting do not refer to these issues at all.

Extract from pages 9, 10 & 11 of an Amnesty International document headed: “A CRIMINAL ENTERPRISE? SHELL’S INVOLVEMENT IN HUMAN RIGHTS VIOLATIONS IN NIGERIA IN THE 1990s”

Under Executive Summary.

BEGINS

SHELL SOLICITED AND ENCOURAGED INTERVENTION BY THE NIGERIAN SECURITY FORCES AND MILITARY AUTHORITIES

Despite knowing that serious human rights violations were almost inevitable, Shell encouraged and solicited the intervention of the Nigerian security forces and the military authorities. In 1993, Shell repeatedly asked the Nigerian government to deploy the army to Ogoniland to prevent protests from disrupting the laying of the pipeline. This resulted in the shooting and injuring of eleven people at Biara on 30 April and the shooting to death of a man at Nonwa on 4 May. According to an internal Shell document, Shell executives even advised the Nigerian military not to release protestors it had detained unless the military received commitments from their community to stop protests, thereby directly soliciting a violation of the human rights of the detainees. read more