The widow of a Nigerian activist is planning to sue Royal Dutch Shell in the Dutch courts alleging the oil company was complicit in the execution of her husband by the Nigerian military in 1995, court documents filed in the United States/Esther Kiobel has filed an application in New York to secure documents from Shell’s US lawyers, which she could use in the Dutch action.
The filings with the US District Court for the Southern District Court of New York said she planned to begin the action before the end of the year.“Ms. Kiobel will demonstrate that Shell encouraged, facilitated, and conspired with the Nigerian government to commit human rights violations against the Ogoni people,” a memorandum in the application filed last week said. Kiobel previously took her lawsuit to the United States but the US Supreme Court ruled in 2013 the case could not be heard because the alleged activities took place outside the country.
In 2009 prior to that ruling Shell had agreed in the United States to pay $15.5 million to settle lawsuits related to other activists executed at the same time as Barinem Kiobel, including author and environmental activist Ken Saro-Wiwa. [three separate lawsuits were brought by the family of Ken Saro-Wiwa].
The Nigerian military cracked down heavily on local opposition to oil production by a Shell joint venture in the Niger Delta in the early 1990s. Kiobel alleges that Shell provided support to the military in its crackdown. A Dutch court ruled in December that Shell may be sued in the Netherlands for oil spills at its subsidiary in Nigeria, although it did not say Shell was responsible..
Excerpts from Shell faces possible Dutch lawsuit over Nigerian activist’s execution, Reuters, Oct. 18, 2016
Private security is big business in Nigeria. The country suffers bombings in the north, sectarian violence in the centre and simmering insecurity in the oil-producing south-east. Red24, a Scottish security firm, says more than 600 people are kidnapped in the country every year, putting it among the five worst for that sort of crime… [There are] 1,500 and 2,000 private security companies in Nigeria. Because they cannot legally carry weapons, armed units must be hired from national forces….Private companies pay the security forces handsomely. But that also encourages commanders to hire out their men. The result is a privatisation of public security, reckons Rita Abrahamsen, a professor at the University of Ottawa. In 2011 a retired deputy inspector-general estimated that up to 100,000 police officers (about a third of the country’s total) were working for “a few fortunate individuals”, and questioned what that meant for regular Nigerians. Martin Ewence, a British naval commander turned consultant, reckons that the navy in effect has “given over its maritime security responsibilities”.
In the worst cases, the private-security culture fuels conflict. Oil companies in the Niger delta have been criticised for arming Nigeria’s Joint Task Force in a bid to secure their assets. The task-force’s combination of police, army and naval personnel, whose houseboats are moored in the delta’s greasy creeks to “tax” passing barges, are accused of human-rights abuses and involvement in the theft of oil.
Private security in Nigeria: Rent-a-cop, Economist, Oct. 17, 2015, at 54