NEW YORK – April 23 – This afternoon, Judge Kimba Wood of the U.S.
District Court for the Southern District of New York rejected Royal
Dutch Shell’s motion to dismiss a human rights case charging the
company and the head of its Nigerian operation, Brian Anderson, with
complicity in the torture and killing of peaceful Nigerian protesters
more than 10 years ago.

Shell’s last ditch attempt to avoid trial claimed the court did not
have jurisdiction to consider the case, but Judge Wood, in a 25-page
ruling, overwhelmingly supported plaintiffs’ international law claims
for extrajudicial killing, torture, arbitrary detention, and crimes
against humanity. The trial will begin May 26, 2009.

“Once again Shell thought it could evade justice,” said CCR attorney
Jennie Green. “Now, the public will have the opportunity to see how
Shell’s complicity with a murderous military regime was its standard
operating procedure for doing business in Nigeria.”

Wiwa v. Royal Dutch Petroleum and Wiwa v. Anderson are two lawsuits
filed by the Center for Constitutional Rights (CCR) and co-counsel from
EarthRights International on behalf of relatives of murdered activists
who were fighting for human rights and environmental justice in
Nigeria. The cases charge the corporation and this key official for
their complicity in the November 10, 1995 hanging of Ken Saro-Wiwa and
other leaders in the nonviolent opposition to Shell’s pattern of human
rights abuses and environmental destruction: John Kpuinen, Saturday
Doobee, Daniel Gbokoo, Felix Nuate, and Dr. Barinem Kiobel.  The cases
also include charges for the torture, detention, and forced exile of
Mr. Saro-Wiwa’s brother, Dr. Owens Wiwa, and Michael Tema Vizor; and
the shooting of Karololo Kogbara and Uebari N-nah in two attacks on
peaceful protestors.  

Said plaintiff Ken Saro-Wiwa, Jr., the son of Ken Saro-Wiwa, “As my
father always insisted, one day Shell will be on trial. That day is
coming.”

The defendants are charged with complicity in human rights abuses
against the Ogoni people in Nigeria, including summary execution,
crimes against humanity, torture, inhuman treatment, arbitrary arrest,
wrongful death, assault and battery, and infliction of emotional
distress. The cases were brought under the Alien Tort Statute (ATS) and
the Torture Victim Protection Act (TVPA).

Nigeria has been chief among Shell’s assets for many years. Critics
charge that with the aim of production at any cost, regardless of the
damage to the surrounding people and land, Shell disrupted thousands of
lives and wreaked havoc on the environment.  In the early 1990’s, the
people of Nigeria began to protest. Shell made payments and provided
arms to security forces that they knew to be abusive to local
communities.  The military government violently repressed the
demonstrations and arrested and bribed witnesses.  Nine leaders of the
demonstrations were murdered, including the aforementioned well-known
activist and writer, Ken Saro-Wiwa.  

In addition to CCR and ERI, the plaintiffs are represented by CCR
cooperating attorneys Judith Brown Chomsky, Anthony DiCaprio and Beth
Stephens, and Paul Hoffman of Schonbrun, DeSimone, Seplow, Harris and
Hoffman.

For complete pdf’s of the legal briefs and further background information, click here.