Jun 02, 2009

Ogoni: New Delay Hits Shell Rights Suit

Active ImageA pre-trial conference scheduled in the potentially landmark lawsuit brought by Nigerian plaintiffs against oil giant Royal Dutch Shell has been delayed until Wednesday June 3, court papers show.
Below is an article published by The Straits Times:

The conference was announced last week [May 2009] following the decision by the presiding judge in the US Southern District Court in New York to delay indefinitely the actual trial. It had been planned for Monday [1 June 2009], but now has been pushed back two days.

'The court hereby postpones the conference scheduled ... until Wednesday [3 June 2009],' Judge Kimba Wood said in an order dated on Friday. She gave no explanation.

Jury selection in the trial itself had been meant to start April 27 [2009], but was put off the day before. No new date was set.

The judge then scheduled the pre-trial conference, which has now also been delayed.

A spokesman for the Centre for Constitutional Rights, which represents the Nigerian plaintiffs, told AFP there was no further indication about the future of the trial. The spokesman would not comment on the reasons for the delay.

Shell is accused of complicity in the 1995 hanging of Saro-Wiwa, a renowned writer and activist, and other leaders of a movement protesting alleged environmental destruction and other abuses by Shell against the Ogoni people in the Niger Delta.

The corporation, which has a powerful presence in Nigeria, is also accused of complicity in the torture, detention and exile of Saro-Wiwa's brother, Owens Wiwa, and other violent attacks on dissidents in the country. Shell denies all the charges.

The civil suit was brought by victims of Nigeria's former military government, including Saro-Wiwa's son. They sued under the Alien Tort Claims Act, a little-used US law that dates to 1789 and which is being increasingly dusted off as a way to target human rights violations in foreign countries.

The act requires companies with a substantial presence in the United States to obey US law everywhere in the world.