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SHELL IN OGONI CLASS ACTION LAWSUIT By Movement for the Survival of the Ogoni People (MOSOP) UK 217 Lewis Trust, Warner Road, LONDON SE5 9LY, UK TEL: +44 (0) 20 8539 9050, (0) 7957 983 782 FAX +44 (0) 20 7366 8599 E-MAIL: mosopOgoni@aol.com, mosopgb@hotmail.com (Contact: Harrison Neenwi or Gbenewa Phido)
PRESS RELEASE SHELL IN OGONI CLASS ACTION LAWSUIT Plaintiffs are 14 sons and daughters of Ogoni resident in the USA vs. Defendants - Royal Dutch Petroleum Company (Shell). This Class Action lawsuit has been brought before the United States District Court for the Southern District of New York on 20 September 2002. The complaint alleges that Shell during the period of October 1, 1990 to May 28, 1999 engaged in militarised actions in a conspiracy with the former Military Government of Nigeria and knowingly instigated, planned, facilitated and participated in unprovoked attacks against the unarmed residents of Ogoniland, resulting in extra judicial murder, crimes against humanity, torture, rape, arbitrary arrest and detention, forced exile and the deliberate destruction of villages and property. By Class Action, this trial seeks an unspecified amount of money as compensation and punitive damages from Shell on behalf of all Ogoni persons – man, woman and child who were similarly situated and whose human rights were violated by Shell’s actions in this period.
Reactions across the world to the Class Action lawsuit have been overwhelming. Commenting in London, Mrs Phido – President MOSOP-UK said “This is history in the making for all oppressed people of the world. Justice has been given a glimmer of hope since the wake of the Ogoni struggle. This is the best news to come to Ogoniland since January 4, 1993 when Ken Saro Wiwa led Ogonis to stand up for their rights. This is an opportunity we have been hoping for and we will cease it with all our might. For getting this case to Court at all, we believe we are already victorious. Mrs Phido continued. “The day of reckoning and judgement has come when Shell will answer for all its crimes in Ogoniland.” Mrs Phido concluded.
A historic landmark Class Action lawsuit against Shell is the realisation of Ken Saro Wiwa’s prediction - “I repeat that we all stand before history. I and my colleagues are not the only ones on trial. Shell is here on trial …….. holding a watchful brief. THE COMPANY HAS, INDEED, DUCKED THIS PARTICULAR TRIAL BUT ITS DAY WILL SURELY COME….. for there is no doubt in my mind that the ecological war the company has waged in the Delta will be called to question sooner than later and the crimes of that war duly punished…..” Ken Saro Wiwa - 40 page statement to the Ogoni civil disturbances tribunal … 21 September 1995.
The crime of economic thievery which Shell carried out in Ogoniland between the years of 1958 to 1993 under the umbrella of capitalism caused the Ogoni people a catalogue of irreparable damages. The effects of the oil exploration and drilling which was carried out with the most antiquated methods and equipment has left Ogoniland and its people indelible marks of great pain and suffering. The pollution and devastation of our environment has left our people with chronic illnesses which cannot be diagnosed or cured. Yet out of our land came great wealth of over $30 billion which made a few very rich. Ours is a tale of woe.
For daring to protest against this inhumane treatment, Shell the perpetrator, unleashed a reign of terror, mayhem and intimidation on the Ogoni people and generally depriving the people of basic human dignity. Since these experiences, MOSOP and Ogonis in general made clear demands to Shell among which was the demand for compensation for all the damage it caused the Ogoni people.
To further make clear our demands this case has been brought on our behalf by a leading world class law firm – Berger and Montague whose special expertise is in Class Actions. The success of the company in prosecuting Class Actions and others is best explained by the company’s results for its high profile and internationally renowned cases – In re Holocaust Victim Assets Litigation – Holocaust survivors against the three largest Switzerland-based banks (received a settlement of $1.25 billion for its clients). In re Nazi Era Cases Against German Defendants Litigation – the case against the use of forced labour during the Nazi era (received a settlement of $4.5 billion which created a fund for victims).
We appeal to Ogonis in particular and the public in general to give this case the utmost support and cooperation by providing all information of personal experiences or otherwise which will further strengthen our case and provide justice to all Ogonis. We plead with all Ogonis to sink their individual differences and utilise this once in a lifetime opportunity to speak with one voice by rallying for the greater success of this case which is ultimately part success for the Ogoni struggle. The outcome of this case will be a living memento to the memory of our loved ones who died while demanding justice for our people and the rest of the oppressed minority in the world. To our friends and neighbours of the Niger Delta, we ask your support and assistance as a victory in this case will mean victory against oppression and intimidation from the oil producing companies in our land.
To withhold any information that would otherwise be useful to this case will be seen as hypocritical and unfair to the suffering Ogonis who continue to wallow in abject poverty and sufferings and also to all those who have died for this struggle.
It is worth noting that while no amount of financial compensation may bring back our dead, return our natural vegetation or change the lives of those that have been destroyed in the course of our struggles; we believe strongly that justice would have been served for a people and the multi billion company Shell who has always put profit before people would have paid a little price for their arrogance.
We remain grateful for your continued support while the struggle continues…….. Please send all information directly to our lawyers as below: Carey R. D’Avino Berger and Montague Law Offices 1622 Locust Street Philadelphia, PA 19103-6365, USA Telephone (215) 875 – 3000 Fax (215) 875 – 4604 Email cdavino@bm.net For further information and enquiries either contact us as above or contact the person below: Anslem D. John-Miller 6966 N. Wolcott Avenue, Unit 1N Chicago, Illinois 60626, USA Telephone (773) 856 - 5219 Email anslemjm@juno.com March 2003
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