Plaintiffs in Bowoto v. Chevron Ask Supreme Court to Hear Case, EarthRights International, Mon, 2011-06-20

On behalf of nineteen Nigerian plaintiffs in Bowoto v. Chevron Corp., ERI filed a petition to the U.S. Supreme Court today asking the court to hear the case.  Specifically, the petition requests that the Supreme Court overturn the decision in the case by the Court of Appeals for the Ninth Circuit, which ruled that corporations such as Chevron cannot be sued for torture and extrajudicial killing under the Torture Victim Protection Act (TVPA).

The litigation against Chevron arises out of an incident in 1998 in which Nigerian villagers occupied a Chevron offshore oil platform in the Niger Delta in order to protest environmental devastation and economic disruption caused by oil production.  After several days of peaceful protest, Chevron called in brutal Nigerian military and police forces to attack the protestors.  The security forces shot several protestors and killed two, including Arolika Irowarinun, whose family is among the plaintiffs in the case.

In December 2008, a San Francisco jury ruled against the Nigerian plaintiffs.  But the jury never heard the claim that Arolika Irowarinun was subjected to extrajudicial killing, because the court had ruled that Chevron could not be sued under the TVPA.  The only claim for Arolika’s death was a wrongful death claim which, due to idiosyncracies of Nigerian law, required a verdict beyond a reasonable doubt.

The Ninth Circuit rejected the plaintiffs’ appeal in September 2010, agreeing with the trial court that corporations could not be sued for torture or exttrajudicial killing under the TVPA; the court further rejected plaintiffs’ petition for rehearing in February 2011.  This ruling is in conflict with cases decided by another federal court of appeals, the Eleventh Circuit, which has repeatedly ruled that corporations can be sued under the TVPA.

We do not expect a decision from the Supreme Court on whether it will hear the case until September or October.

Documents:
Petition for Certiorari to the U.S. Supreme Court

Exxon Mobil Hit With $100 Million For Akwa Ibom Oil Spill Victims, By SaharaReporters, New York, June 20, 2011

Aerial view of ExxonMobil spill last year; photo credit: Sahara Reporters

The Nigerian Environmental Rights Action group has issued a demand for N51 billion ($100 Million) from ExxonMobil in Nigeria for their failure to compensate fishermen within the coastal areas who suffered devastating losses due to the oil company’s exploration activities and major oil spills last year which was revealed by SaharaReporters in a series of exposes.

The fisherman of Akwa Ibom State received nothing from ExxonMobil for spills dating back to 1998 in the Qua Iboe oil fields.

ERA/Friends of the Earth Nigeria, which is focused on the preservation of the environment in Nigeria for sustainable development, gave ExxonMobil 21 days to respond or face major class action litigation.

Last month, ExxonMobil of Nigeria was cited for the reported use of dispersants near the coast to contain the May 1 oil spill, considered a violation of environmental standards in the oil industry.

The Rev. Samuel Ayadi, representing the Artisan Fishermen Association of Nigeria confirmed in media interviews that fishermen in the state have suffered untold hardship in  due to frequent oil spills.

Nigerian Senate recess delays naming of cabinet, Reuters, Africa,  June 10, 2011

President Goodluck Jonathan, photo credit : Guardian UK

ABUJA (Reuters) – The naming of Nigeria’s new cabinet could take several more weeks because the Senate has gone on recess, undermining President Goodluck Jonathan’s hopes of having a new administration in place quickly.

Jonathan’s ministerial choices are being closely watched by both Nigerians and foreign investors who are keen to see a team capable of driving through badly-needed reforms in Africa’s most populous nation and third largest economy.

Jonathan, who was sworn in for his first full term on May 29 after winning April elections, had said he wanted his new cabinet in place within two weeks and had been expected to submit his list of nominees for Senate approval this week.

But lawmakers went on recess on Tuesday, a day after the new parliament was inaugurated, to allow new offices to be prepared and seats in the chamber to be assigned. That means they will not be around to consider Jonathan’s choices.

“The submission of the list has now been delayed because of the long adjournment of the Senate,” a source in the presidency told Reuters, asking not to be named.

“The initial plan was to have it submitted this week and for the Senate to give it accelerated screening between Thursday and Friday so that the cabinet can be sworn in next week. But now they have adjourned until June 28,” the source said.

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Nigeria: Ogodobiri Villagers Flee Homes As JTF Hunts John Togo, by Emma Amaize, Vanguard (Lagos), 18 May 2011

Warri — THE people of Ogodobiri community in Bomadi Local Government Area of Delta State have fled the community seeking refuge in the forest and nearby communities following the manhunt for dreaded ex-militant leader, John Togo, suspected to be dead, by the Joint Task Force, JTF, on the Niger-Delta.

Niger Delta militants, photo credit: Vanguard

Ogodobiri, the maternal country home of Togo, who is an indigene of Ayakoromor in Burutu Local Government Area of the state, was razed in 2004 by the task force in their search for the militant leader.

In 2010, when Togo came up with the Niger-Delta Liberation Force, NDLF, the JTF, also traced him to Ogodobiri, but did not find him.

This time around, after NDLF fighters fought and wounded JTF soldiers who were on routine patrol, the task force, which maintained it was not aware of the news of the purported death of the militant leader has swooped on the community in search of Togo and his associates.

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Nigeria: Public Information is Set Free As FOI Becomes Law, by Idowu Sowunmi, All Africa, 1 June 2011

Abuja — Do you want to know how much Nigeria spends on importing petroleum products and who the contractors are? Simple. All you have to do now is write a letter to the Nigerian National Petroleum Corporation (NNPC) to request the information.

Within seven days, you are entitled to a response. If not, you can take NNPC to court and get an order to compel the corporation to reveal the information.

It may even get better: if any NNPC official attempts to destroy or doctor the records, he or she will be liable to a criminal prosecution, which may result in a one-year prison term.

Welcome to the age of Freedom of Information in Nigeria where many files marked “top secret” by government officials can now be made available to ordinary Nigerians under the Freedom of Information Act, which was signed at the weekend by President Goodluck Jonathan after passage by the National Assembly last week.

This is expected to promote transparency and accountability in government.

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Can the new government of Goodluck Jonathan clean up corruption and set enterprise free in Africa’s most populous country?

Photo credit: AFP

This article is from The Economist online edition, May 26th 2011 | Abuja, Kano and Onitsha

NIGERIANS have taken to watching an old film—one of their own—since the presidential election last month. It shows intrigue and thievery at the court of an ancient king in the Niger Delta. Decked out in glittering costumes on an improvised sound stage, the wicked court at last collapses under the weight of its own sins.

When it was released in 1999, “Saworoide” was seen as a commentary on the regime of Sani Abacha, who ruled (or, as some prefer, “dismembered”) Nigeria between 1993 and 1998. Once again, Nigerians are hoping to see the back of their ruling elite. Goodluck Jonathan, the president, wafts along on a wave of personal goodwill and is mostly seen as benign. It is the men and women around him whom voters blame for Nigeria’s woes.

With Mr Jonathan’s inauguration on May 29th, and the formation of a new government, many expect a turnaround. Two-thirds of Nigerians think the election will change their lives, according to a poll conducted by the International Republican Institute, an American outfit that promotes democracy. “We dream,” says a girl shining shoes. “What else can we do?”

The buoyant mood extends to the boardrooms and watering holes of Lagos, the business capital. There, sleekly suited bankers are licking their fingers. “We are printing extra business cards,” says one. Foreign investors, too, see a chance of good times ahead on the back of reforms promised by Mr Jonathan. They speak of billions held in offshore accounts, ready to be injected into the economy if the political stars align. A senior Western diplomat calls this “a real opportunity for Nigeria to kick itself into a new sphere”.

Though widely shared, that sentiment has not silenced the general dissatisfaction. If anything, it has grown louder as reform plans take shape and the rascal ways of the political class are unmistakably identified as the main reason for the lack of prosperity. The economy may be growing by 7% a year, but this feeds mostly the greedy mouths closest to government troughs. The speaker of the lower house of parliament was investigated this month for “misappropriating” $140m. Meanwhile, about 70% of Nigerians live on less than $2 a day.

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