Witness statements accuse Nigerian military commander of ordering killings and taking bribes

“Saro-Wiwa was framed, secret evidence shows”, Andy Rowell and Eveline Lubbers, The Independent UK, Sunday, 5 December 2010

Compelling new evidence suggests the Nigerian military killed four Ogoni elders whose murders led to the execution of the playwright and activist Ken Saro-Wiwa in 1995.

image credit: Ken Saro-Wiwa from remember saro-wiwa, http://remembersarowiwa.com

The evidence also reveals that the notorious military commander Lieutenant-Colonel Paul Okuntimo, whose troops were implicated in murder and rape, was in the pay of Shell at the time of the killings and was driven around in a Shell vehicle.

Since the time of Saro-Wiwa’s death, Shell has insisted that it had no financial relationship with the Nigerian military, although it has admitted paying it “field allowances” on two occasions. It has consistently denied any widespread collusion and payments. However, The Independent on Sunday has gained exclusive access to witness accounts that were to be used in evidence in the case of Wiwa vs Shell, brought by Ken Saro-Wiwa’s family. The case was settled last May for $15.5m, just days before it was due to start in New York. The settlement meant the testimonies were never made public.

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Police violence injures and infringes on the free speech rights of Ogoni people at a candlelight vigil in remembrance of social and environmental activist and writer Ken Saro-Wiwa and eight other Ogoni activists.

The Ogoni Nine

Police Open Fire at Ogoni Vigil in Port Harcourt

By Ben Amunwa, Remember Saro-Wiwa,  November 9, 2010

It’s the kind of text message you never want to receive. Sent from an activist in the Niger Delta on November 9th at 22.00, it reads:

Teams of heavily armed policemen stormed Saro-Wiwa’s No. 24 Aggrey Road, Port Harcourt, venue of the Saro-Wiwa candle light procession, shooting sporadically causing fear and panic.

[UPDATE 11/11/10: we have received further reports that police had beaten demonstrators with gun butts, kicks and horsewhips, leaving 12 people injured in the attack]. The crackdown shows utter contempt for the lives of Ogoni demonstrators, and infringes on their rights to freedom of assembly. Despite decades of non-violent protest, the Nigerian police continue to respond to demonstrators with brutal and excessive force. Similar repression occurred on 12th October last year when 13 people were shot and at least one person killed by police and army soldiers at Bundu Ama waterfront community in Port Harcourt, where residents were trying to protect their homes from government demolitions. On 5th April 2009, a number of well-known Delta activists were beaten and illegally detained by police. They were released following international pressure and interventions by civil society groups. On 26th May 2009, a rally in Ogoniland, timed to coincide with the landmark human rights lawsuit Wiwa v Shell in New York, was disrupted by police who arrested and detained five bus-loads of demonstrators. Women protestors were also beaten with rifle-butts and iron bars in January 2009, outside the gates of a Shell contractor.

Every year, Ogoni people assemble at 24 Aggrey Road in remembrance of Saro-Wiwa and his eight colleagues. In the 1990s, the building used to be known as the “Ogoni Embassy”. There is every indication that the protests will continue, because they have done so in defiance of police repression, military occupation and environmental devastation for well over 20 years. Perhaps one day, the government will stop using violence long enough to listen to the Ogoni’s message of human dignity and justice for all.

An afterthought contained in the text message reads:

“You can kill the Messenger, but you can’t kill the message” That was Ken Saro-Wiwa’s memorable words before he and other of his 8 comrades were hanged’

Remembering Ken Saro Wiwa on the 15th Anniversary of his Murder

Ken Saro Wiwa

Fifteen years ago Ken Saro Wiwa and eight other Ogoni activists who led protests against Shell Oil company were hanged by the Nigerian government after a sham trial on trumped up charges.

Today as we remember Ken Saro Wiwa and his colleagues, we continue to fight for an end to human rights violations and environmental destruction by Big Oil in Nigeria.

The Ogoni Nine

Also today we share with you new revelations about Shell’s PR strategy after the deaths of the Ogoni activists.

“The documents offer a previously hidden insight into efforts by the company to deflect the PR storm that engulfed it after the Nigerian activist was hanged by the country’s military government. Shell faced accusations that it had colluded with the government over the activists’ deaths.” –Eveline Lubbers and Andy Rowell, The Guardian

The Guardian piece makes note that a Shell spokesperson said that the company’s environmental record had “improved greatly” in recent years, outlining the difference between the number of oil spills in 2009 (132) versus the average number between 2005 and 2009 (175 per year.)

For readers who want more background, there is a new series of podcasts marking the 15th anniversary of the execution of Nigerian writer and activist Ken Saro-Wiwa produced by PLATFORM’s remember saro-wiwa project. JINN’s friend and partner on the ground Emem Okon, the Director of the Kebetkache Women Development and Resource Centre, who joined us in the Bay Area and in Houston last May is featured in Episode 1: “Fifteen Years of Not Getting Justice.”

Sweet Crude Playing at United Nations Film Festival – SF screening, Free Admission

Sunday, October 18, 2009 at 2:50pm

San Francisco, Variety Screening Room
582 Market Street, San Francisco -Map

Sweet Crude, is playing for FREE on Sunday October 18th in San Francisco as part of the United Nations Film Festival. The award winning documentary captures the complex reality of how the oil industry and the Nigerian government have left the Delta in such desperation that some have turned to militancy while others struggle to survive. The film will be followed by a panel discussion with the Director and experts and activists focused on the issues in the Niger Delta.

Niger Delta Standoff

by Kia Mistilis

Reprinted from Foreign Policy in Focus: Editor: John Feffer and Jen Doak

Behind fighter-planes and gunboats, Nigerian forces launched a full-scale offensive in the Niger Delta on May 13, displacing 30,000 people and sparking a humanitarian crisis. Thousands of civilians fleeing destroyed villages are now trapped between armed resistance groups and the Nigerian military. These civilians are hiding in the bush without food, water, or medical supplies, let alone Internet access to alert the world of their plight, as Iranians are doing via Twitter.

Suanu Bere speaking at a Shell rally in San Francisco. Credit: Jan Stürmann

Against the backdrop of a world energy crisis, the media are reporting the region’s growing instability, mostly in terms of its effect on global oil supply and prices. For the 12 million people living in the Niger Delta, however, the struggle is about their survival.

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Settlement Reached in Human Rights Cases Against Royal Dutch/Shell

On Eve of Trial, Settlement Agreements Provide $15.5 Million for Compensation to Nigerian Human Rights Activists and to Establish Trust Fund

Reprinted from Wiwavshell.org

Official Statement from Plaintiffs

Official Statement from Attorneys

New York, June 8, 2009 — Today, the parties in Wiwa v. Shell agreed to settle human rights claims charging the Royal Dutch/Shell company, its Nigerian subsidiary, Shell Petroleum Development Company (SPDC or Shell Nigeria), and the former head of its Nigerian operation, Brian Anderson, with complicity in the torture, killing, and other abuses of Ogoni leader Ken Saro-Wiwa and other non-violent Nigerian activists in the mid-1990s in the Ogoni region of the Niger Delta.

The settlement, whose terms are public, provides a total of $15.5 million. These funds will compensate the 10 plaintiffs, who include family members of the deceased victims; establish a Trust intended to benefit the Ogoni people; and cover a portion of plaintiffs’ legal fees and costs. The settlement is only on behalf of the individual plaintiffs for their individual claims. It does not resolve outstanding issues between Shell and the Ogoni people, and the plaintiffs did not negotiate on behalf of the Ogoni people.

Plaintiff Ken Saro-Wiwa, Jr., the son of Ken Saro-Wiwa explained, “In reaching this settlement, we were very much aware that we are not the only Ogonis who have suffered in our struggle with Shell, which is why we insisted on creating the Kiisi Trust.” The Kiisi Trust—Kiisi means “Progress” in the plaintiffs’ Ogoni language—will allow for initiatives in Ogoni for educational endowments, skills development, agricultural development, women’s programs, small enterprise support, and adult literacy.

Judith Chomsky, cooperating attorney with the Center for Constitutional Rights (CCR), one of the attorneys who initiated the lawsuit, stated, “The fortitude shown by our clients in the 13-year struggle to hold Shell accountable has helped establish a principle that goes beyond Shell and Nigeria—that corporations, no matter how powerful, will be held to universal human rights standards.”

Added Jennie Green, the CCR staff attorney who initiated the lawsuit in 1996, “This was one of the first cases to charge a multinational corporation with human rights violations, and this settlement confirms that multinational corporations can no longer act with the impunity they once enjoyed.”

Wiwa v. Royal Dutch Petroleum, Wiwa v. SPDC, and Wiwa v. Anderson are three lawsuits filed by CCR, co-counsel EarthRights International (ERI), and private law firms on behalf of relatives of murdered Ogoni activists and other injured Ogonis who were fighting for human rights and environmental justice in their homeland.

Plaintiffs charged Royal Dutch Shell, Shell Nigeria, and Anderson with complicity in extrajudicial killing, crimes against humanity, torture, and other human rights claims. Plaintiffs in the case include the relatives of the executed activists Ken Saro-Wiwa, John Kpuinen, Saturday Doobee, Daniel Gbokoo, Felix Nuate, and Dr. Barinem Kiobel. Dr. Owens Wiwa, Ken Saro-Wiwa’s brother, and Michael Tema Vizor brought claims for the torture and detention that resulted in their exile from Nigeria. Further claims were brought by Karalolo Kogbara, who lost her arm, and on behalf of Uebari N-nah, who was killed in attacks on Ogoni civilians.
Anthony DiCaprio, an attorney who has worked on the case for many years, commented, “Throughout this very long process, I have been humbled by our clients’ unwavering courage and resilience. Their satisfaction with the result that we have been able to achieve is extremely gratifying.”
Human rights attorney Paul Hoffman, trial counsel in the Wiwa cases and partner at the law firm of Schonbrun, De Simone, Seplow, Harris and Hoffman, noted, “This settlement is only a first step towards the resolution of still outstanding issues between Shell and the Ogoni people.”

Oil operations in Nigeria have been chief among Shell’s assets for many decades. Critics charge that Shell’s aim for the lowest possible production cost, without regard for the resulting damage to the surrounding people and land, has wreaked havoc on local communities and the environment, including the still on-going practice of gas flaring. In the early 1990s, the Ogoni, led by Ken Saro-Wiwa and the Movement for the Survival of the Ogoni People, began organized, non-violent protests against Shell’s practices. Shell grew increasingly concerned with the heightened international prominence of the Ogoni movement and made payments to security forces that they knew to be engaging in human rights violations against the local communities. The military government violently repressed the demonstrations, arrested Ogoni activists, and falsely accused nine Ogoni activists of murder and bribed witnesses to give fake testimony. The nine, including Ken Saro-Wiwa, were denied a fair trial and then hanged on November 10, 1995.

Said Agnieszka Fryszman, co-counsel with the law firm of Cohen Millstein Sellers & Toll, “The case has been pending for many years, and this settlement puts an end to what would likely have been yet another long round of appeals.”

Marco Simons, ERI Legal Director, stated, “The courts repeatedly rejected Shell’s efforts to dismiss this case, setting important legal precedents for the continued prosecution of corporations in breach of international law. This reinforces the plaintiffs’ demands that corporations such as Shell safeguard human rights and the environment.”

For complete documentation of the legal briefs and further background information, click here or visit www.ccrjustice.org, www.earthrights.org, and www.sdshh.com.