The US Supreme Court has ruled that the families of Ken Saro Wiwa and John Kpuinen, two men executed during the Abacha regime, can sue the Shell oil company of BiafraNigeria in New York. The Supreme Court rejected claims by Shell Oil of BiafraNigeria that US federal courts lack jurisdiction over alleged violations of international law that occur abroad.

The US fares no better and they can linked in the 2 examples above. I realized that there’s no faith in the US when Pickering without the benefit of an autopsy result declared to the whole world that Abiola who was poisoned in his very presence, had died of natural causes. We have to take our own destinies in our own hands, which is why Biafra actualization is an idea whose time has come.

Emmanuel Onwubiko
Abuja

Embattled Shell Petroleum Development Company (SPDC) yesterday at the Human Rights Violation Commission sitting in Abuja made a spirited attempt to reconcile with the Ogoni who have been locked in a long-drawn feud with the oil multinational.

The session was attended by several hundreds of colourfully dressed Ogoni people who blamed Shell for their woes. In a carnival-like procession, they followed the president of the Movement for the Survival of Ogoni People (MOSOP), Ledum Mittee out of the venue when the first leg of the matter ended at about 2.45 p.m.

A major highlight of the commission's sitting was the appearance of Shell's Managing Director, Mr. Ron M.Van Den Berg who mounted the witness rostrum and was cross-examined by Mittee for close to three hours.

Besides, the petition of Ken Wiwa (Jnr.) over the unlawful killing of his father by the Gen. Sani Abacha regime was consolidated with that of MOSOP which alleged human rights abuses against the Ogoni people.

The multi-national oil company was represented by Chief O.C.J. Okocha (SAN) the national president of the Nigeria Bar Association while Mitee, a lawyer, represented himself and MOSOP.

At the cross examination stage, Mittee accused the multinational company of collaborating with security operatives in Rivers State to unleash a reign of human rights abuses on the Ogoni people for a very long time even as he stated that the rights abuses are still ongoing.

But Mr. Van Den Berg in an emotionally laden voice, appealed to the Ogoni activists to "give peace a chance".

Canvassing peace and reconciliation in Ogoniland, the Shell managing director stated thus: "I have to state that SPDC and all of us working for the company (Shell), are committed to achieving true and lasting peace and reconciliation with MOSOP and the Ogoni people. At the Port Harcourt hearings of this Honourable Commission we re-stated this commitment:

"We have been looking forward to receiving details about the initiative for reconciliation brokered by the commission, for our company and the Ogoni people to meet in the presence of government officials and representatives of the Christian Association of Nigeria.

"The expectation was that this would lead to the achievement of a lasting solution to the problems that started in the early 1990s. Our hand of friendship towards MOSOP and the Ogoni people which has been outstretched for these several years, still remains outstretched to them".

Explaining his efforts at reconciliation, he said "I have personally led efforts aimed at reaching reconciliation with Ogoni people. Besides several meetings with different Ogoni groups in Nigeria, I led SPDC to several meetings with Ledum Mittee and his team whilst MOSOP leaders were still in exile; twice in England, once in Holland and subsequently thrice in Nigeria. The Christian Association of Nigeria facilitated these meetings with the assistance of the Council of Churches of the Great Britain and Ireland. These efforts initiated by me, are a demonstration of the good faith and commitment of SPDC, which, we believe, deserve reciprocal commitment from the other side".

Stating his company's respects human rights, he said "SPDC has over the years sought to carry out its operations in Nigeria in accordance with the best standards available. These standards have not been static, and every effort has been made, and is still being made, to carry out our operations in compliance with international standards. In this regard we are guided by the Royal Dutch/Shell General Business Principles, which stipulate how Shell companies should behave all over the world. This document describes our responsibility to our shareholders, Joint Venture partners, the society, customers, employees, our host communities and others we do business with. It also describes our position with respect to economic activity, business integrity, politics, health, safety and environment, host communities, competition and communication.

Admitting that the company made mistakes in the past, he explained that "SPDC is not unmindful of the fact that there are aspects of its operations that have attracted adverse attention in the last few years. These have to do with gas flaring and oil spills. Gas has been flared in Nigeria because of the limited opportunities for its utilisation. One may need to ask the question: Why is gas flared in Nigeria and why is it taking so long to find a solution to the problem?"

He listed reasons as:

a limited number of appropriate reservoirs conducive for gas re-injection/storage; Nigeria's industrial base is low, resulting in low energy consumption; the huge cost of developing major gas transmission facilities; limited regional and international gas markets; historical inappropriate fiscal and gas pricing policies.

SPDC he noted, has, since the birth of the oil industry, continuously sought avenues for the utilisation of gas. The company has also since the early 1960s promoted the use of gas as industrial fuel for companies in Port Harcourt and Aba. He added that Shell has also been the leading advocate for the monetisation of flared gas, not only because it makes economic sense but also because it is good for the environment, adding that the company is also the major supplier of gas to the Nigerian Liquefied Natural Gas (NLNG) project in Bonny.

Calling on the restive youths to embrace peace he stated: "My Lord, permit me to conclude by re-stating that in seeking true and lasting peace and reconciliation with MOSOP and the Ogoni people, SPDC is more concerned about protecting the environment than it is with resuming production. SPDC needs to access its installations and facilities in Ogoni in order to determine their condition and make them safe and incapable of causing any damage to lives, the environment and property of surrounding Ogoni communities.

"Without access to these installations and facilities, which are being tampered with by unauthorised persons, they would continue to pose risks to people and the environment".

Urging the factions in MOSOP to unite he said: "Finally, I will repeat that it is SPDC's hope that agreement can be reached with MOSOP and the Ogoni people on these several matters without any further delay so that lasting peace and reconciliation may be achieved. My Lord, I would also wish to repeat here, what SPDC sees as the way forward".

These according to him include:

there is need for an Ogoni group that is representative enough to reach agreements with SPDC, and which are acceptable to the generality of the Ogonis for full and total reconciliation;

SPDC is committed to continuing its community development efforts in Ogoni;

SPDC requires access to re-enter Ogoni unmolested, assess the condition of all its facilities and make them safe;

SPDC needs access to embark on an assessment and clean up of all oil spills that may have occurred in Ogoni, irrespective of cause; there is need for free, peaceful and unfettered access for normal operations activities.

He stressed that "it is only through above process that positive remedial action can have its desired impact on the Ogoni people who have been made to wait longer than necessary for the benefits to be derived therefrom".

The cross examination between Ledum Mittee on the side of the applicant and Mr. Van Ben Berg on the side of the respondent will continue at the instance of the chairman, Justice Chukwudifu Oputa who adjourned the consolidated matter.

Earlier, members of the commission expressed open disagreement over the decision of Justice Oputa to put off the matter brought up by Mr. Abubakar Sadiq Umar, a personal aide of the late Gen. Abacha, who alleged that his rights were flagrantly violated by the first surviving son of the late military leader, Mr. Mohammed Sani Abacha during the regime of his father in 1996.

Lawyer to the petitioner Mr. Nnaemeka Okeke had hardly finished introducing himself when the counsel representing Mohammed Abacha, Mr. Ibrahim Adamu kicked against the commencement of the matter, insisting that the case was already in Kano high court.

But a member of the commission Rev. Mathew Hassan Kukah who was unhappy with the decision of the chairman to adjourn the matter, advocated that the matter be entertained because of the unnecessary delay at the Kano High Court.

Kukah's intervention made the chairman Justice Oputa to change his decision to adjourn the matter sine die to August 21 2001 to enable the commission hear from the Kano high court, vowing that the matter would be heard.

Other matters that came up yesterday included that of Abokie Galadima whose petition was on the Kafanchan crisis and human rights abuses while Mohammed Falalu Ladans petition on the collective grievances of the Hausa/Fulani community living in Jemaa Local Government was put off till August 21.

Today the commission would entertain the petition of the Pan Igbo group, Ohanaeze on the collective rights abuses meted out on the Igbos during the civil war. The matter was first heard at the panel's siting in Enugu.

They sabotaged the Aburi accord and gained nothing. But the irony of the Aburi Accord was after about 30 years what happened to the Igbos started hapening to the blood suckers and murderers who sabotaged every effort made to actualise Biafra (Abacha's reign of terror: cleansing of ethnic minorities, political repression of the Yorubas, mostly the Egbas who fled en masse rather than stay in resistance).

Saro Wiwa and his Igbo hating folowers were so dumb and short sighted that they didn't realize that the Northerner had their secret. Saro Wiwa should have known the type of people that he was dealing with.