Oil giant to appear in US court over alleged plot to silence campaigner

FOURTEEN years after Nigerian campaigner Ken Saro-Wiwa was executed by Nigeria's former military regime, the oil giant Royal Dutch Shell will appear before a court in New York to answer charges of crimes against humanity in connection with his death.

The trial, scheduled to begin next week, will examine allegations that Shell sought the aid of the former Nigerian regime in silencing Mr Saro-Wiwa, a vociferous critic, in addition to paying soldiers who carried out human rights abuses in the Niger Delta where it operated.

Shell strongly denies the charges.

The execution of Mr Saro-Wiwa and eight other members of the Ogoni tribe led to fierce protests against Shell, which was already under heavy criticism from environmentalists for its record in the Niger Delta.

The civil lawsuit has been brought by relatives of Mr Saro-Wiwa and other victims of Nigeria's former military regime.

The lawsuit asserts that in the early 1990s, Shell became worried about Mr Saro-Wiwa's campaign to protest the impact of oil production in the Niger Delta.

Lawyers allege Shell feared the campaigner's activities would disrupt its operations and tarnish its image abroad, and "sought to eliminate that threat, through a systematic campaign of human rights violations."

Shell says the allegations are "false and without merit." In a statement, Stan Mays, a company spokesman, said: "Shell in no way encouraged or advocated any act of violence," and, in fact, "attempted to persuade that government to grant clemency."

The case could have repercussions for the oil industry, said Arvind Ganesan, the head of the business and human rights practice at Human Rights Watch.

In the last decade, oil companies have been under increasing pressure to comply with strict standards of behaviour while operating in countries with poor human rights records and few democratic controls.

Chevron, for example, could face up to $27 billion (£17 billion) in liability in Ecuador for pollution of the jungle. Exxon Mobil is being sued by Indonesian villagers from the province of Aceh who allege human rights violations committed by soldiers hired to guard a gas plant.

Mr Ganesan said: "If a jury found Shell guilty, this would change the behaviour of the industry pretty quickly."

For Ken Saro-Wiwa Junior, who returned to Nigeria from exile in 1999, the trial could provide bittersweet vindication of his father's campaign.

"My father always said that one day Shell would be on trial," he said.

His father, who founded the Movement for the Survival of the Ogoni Peoples in 1990, was one of the most vocal critics of Shell for the damage done to the delta communities, including gas flaring and the destruction of mangroves to make way for pipelines.

According to the lawsuit, a Shell official identified Mr Saro-Wiwa as being "influential" in organising protests and sought the assistance of the Nigerian government to silence him.

The company is also accused of paying soldiers who committed human rights abuses, providing them with transportation, including helicopters.

Mr Saro-Wiwa was arrested in 1994 and put on trial before a military court along with the other Ogoni advocates, on charges that human rights groups and western governments said were trumped up.

Despite global pressure, Shell initially refused to intervene, saying, "the company does not get involved in politics."

The lawsuit charges that Shell bribed at least two crucial witnesses to change their testimony during the trial. It also asserts that Shell's manager in Nigeria at the time, Brian Anderson, met with Owens Saro-Wiwa, Ken Saro-Wiwa's brother and also a plaintiff, and tried to pressure the jailed activist to abandon his struggle in exchange for help in securing his release.

Shell's chief executive eventually faxed General Sani Abacha, Nigeria's military ruler, a request for a pardon after Mr Saro-Wiwa's appeal for clemency was denied. By then it was too late: Mr Saro-Wiwa and the other advocates were hanged on 10 November, 1995.