Constance Ikokwu
19 August 2008
Washington, DC — Oil giant, Chevron Nigeria Limited, will stand trial in the United States (US) in September, after exhausting all appeals meant to stop the company from being tried for the alleged murder of villagers in the Niger Delta region in two separate incidents between 1998 and 1999.
The US District Court Judge in San Francisco, California, Susan Illston, ruled last year in the Bowoto v. Chevron Corp., No 99-2506, that Chevron was directly involved in the alleged attacks by acting in consonance with Nigerian government security forces and therefore would stand trial.
THISDAY gathered that Chevron appealed the California Superior Court's ruling unsuccessfully.
A source at EarthRights International, a non-governmental organisation (NGO), acting as legal counsel for the plaintiffs, and who spoke under condition of anonymity, stated that "Chevron has exhausted all potential appeals and the case will go forward. All motions were dismissed and nothing will keep the case from going forward."
THISDAY was unable to reach Public Relations Officer for Chevron in San Francisco, Mr Campbell, for comments. His voice mail indicated that he would be out of town until the 23rd of August. Mr Justin Hagues whose name was dropped on the voice message told THISDAY he was not authorised to comment on the case. He however confirmed that the trial would take place in September.
Litigation Co-ordinator for EarthRights International, Mr Rick Herz, was also not in town as at press time.
The lawsuit was brought against Chevron eight years ago in San Francisco Federal Court by nine Nigerian plaintiffs for alleged deaths and other abuses in the two incidents. The plaintiffs assert claims ranging from torture to wrongful death.
The report alleged that the Nigerian Military and Police were paid by Chevron to shoot and torture protesters in the volatile region. Chevron helicopters and boats were used by security forces to harass, torture and kill people, it claimed.
In her ruling, Judge Illston found "evidence that CNL [Chevron Nigeria Limited] personnel were directly involved in the attacks; CNL transported the GSF [Nigerian government security forces], CNL paid the GSF; and CNL knew that GSF were prone to use excessive force."
The plaintiffs are also (a) litigating the legality of the Nigerian government's conduct at Parabe and Opia/Ikenyan; (b) asking the state court to issue an injunction regulating the manner in which the Nigerian government may provide law enforcement services in Nigeria; and (c) asking the court to limit CNL's ability to obtain armed protection in Nigeria.
Chevron argued that the action would hinder its operations in the country.
In addition to Environmental Rights Action and Traber & Voorhees, the plaintiffs are represented by the private law firms of Hadsell & Stormer and Siegel & Yee, the Center for Constitutional Rights and the Electronic Frontier Foundation, and Paul Hoffman, Michael Sorgen, Robert Newman, Anthony DiCaprio, Elizabeth Gu-arnieri, and Richard Wiebe.
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The indigenous peoples of these oil rich areas in Nigeria hopefully will finally see justice.Chevron Nigeria Limited has to own up. This has been going on for so long and many communities have been uprooted and so many people killed. I hope they pay damages equal to all the oil profits and windfalls they make so they can declare banckruptcy to have a feel what it means to commit such heinous acts. They should not be able to appeal the verdict so that traditional people can finally have dignity.