Outcome of law suit instituted in the United States against military dictator in Nigeria on behalf of activists Ken Saro Wiwa, Gani Fawehinmi, Femi Falana and Femi Aborisade
The lawsuit filed in the United States involving these prominent Nigerian human rights activists resulted in a historic $15.5 million out-of-court settlement in June 2009.
Legally known as Wiwa v. Royal Dutch Petroleum Co., the case was filed in 1996 in the U.S. District Court for the Southern District of New York. While the core focus of the lawsuits was the execution of Ken Saro-Wiwa and other Ogoni leaders, the legal actions encapsulated the broader military clampdown against pro-democracy activists, including prominent human rights lawyers and leaders like Gani Fawehinmi, Femi Falana, and Femi Aborisade, who were repeatedly detained and tortured by the junta.
Key Details of the Lawsuit and Outcome
• The Targets: Rather than the military dictator directly, the lawsuit strategically targeted the corporate collaborators backing the regime. The plaintiffs sued multinational oil giants Royal Dutch Shell, its subsidiary Shell Nigeria, and its CEO Brian Anderson.
• The Charges: The lawsuit charged the defendants with complicity in summary executions, torture, arbitrary arrests, and crimes against humanity perpetrated by the Nigerian military government under General Sani Abacha. It alleged that Shell provided money, weapons, and logistical support to the military to violently suppress protests.
• The Legal Foundation: The case was brought forward by the Center for Constitutional Rights (CCR) and EarthRights International using the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA). These laws allowed foreign victims of gross human rights violations to seek civil damages in U.S. federal courts.
• The Outcome: After 12 years of jurisdictional battles, Shell agreed to settle the case for $15.5 million just days before a full trial was set to begin.
Where the Money Went
As part of the Settlement Agreement, the money was allocated to:
1. Compensation: Providing direct financial relief to the surviving victims and the families of the executed activists.
2. The Kiisi Trust: A trust fund established in Ogoniland to support social development, educational initiatives, and community programs.
Despite agreeing to the multimillion-dollar settlement, Shell denied all liability and maintained that the payout was a humanitarian gesture aimed at aiding "the process of reconciliation" in Nigeria. Nevertheless, human rights organizations hailed the outcome as a groundbreaking precedent for corporate accountability, proving that multinationals could be held legally liable in foreign courts for colluding with brutal dictatorships.
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