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SHELL vs XM Federal: Fresh Autopsy Of Atrocities By Foreign Oil Companies by Ifeanyi Izeze
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SHELL Vs XM FEDERAL: FRESH AUTOPSY OF ATROCITIES BY FOREIGN OIL COMPANIES When the counsels to the detained leader of the Movement for the Emancipation of Niger Delta (MEND), Henry Okah, recently claimed that they stumbled into a very strong evidence that Shell Petroleum Development Company of Nigeria (SPDC) amongst others were responsible for arms proliferation in the Niger Delta, it was very clear that the defenders of the resource control activist were exhuming a forgotten scandal for an autopsy. This may be another forensic revisit of atrocities by some foreign multinational oil companies operating in Nigeria ’s Niger Delta. It would be recalled that the Movement for the Survival of Ogoni People (MOSOP) had earlier canvassed the same issue. The solicitors’ letter to the Inspector General of Police claimed that:“In the course of preparing our client’s defense (in the alleged treason charges against him) we traced the proliferation of arms and ammunition in the Niger Delta to Shell and the federal government. “In the circumstances, we hereby apply for a Certified True Copy of the
Approval dated 20th July 1994 given to Shell Petroleum Development Company
Nigeria Limited to import arms and ammunition to the Niger Delta…”
The request by Okah’s counsels may not be unrelated to the shocking
revelations made by an aggrieved arms supply contractor to Shell. Chief
Gabriel Akinluyi, on Monday June 10, 2008 told a Lagos High Court, how he
assisted Shell to obtain approval from a former inspector general of
He made the assertions while testifying in a suit filed by his firm, Messrs XM Federal Limited, an XM International Company- Representative: Messrs Humanitex (Nig) Ltd. No 8 Modupe Johnson Crescent, off Adeniran Ogunsanya, Suru-Lere, Lagos against Shell and Victor Oteri, the then security adviser to the company for alleged breach of contract in payment default by the oil giant. Led in evidence by his lead counsel, Chief Bambo Adesanya (SAN), Chief Akinluyi alleged that he was invited by Shell to persuade the former police boss, after Shell Management had made fruitless efforts to get the approval. It was alleged that at the time, Shell needed ammunition to protect its facilities in Ogoniland during the crisis which led to the killing of the Ogoni-8 including Ken Saro Wiwa. The contractor claimed he decided to institute the action because of the failure of the Anglo-Dutch oil giant to fulfil the contractual agreement made to him. However, the role of the Nigerian Police High Command in this arms scandal was as complicated as the actual intent of Shell in the acquisition. Shell in a letter to the Inspector General of Police, captioned: Re: Acquisition of Ammunitions and Upgrade of Weapons, dated 17th August, 1994 and signed by V. A. Oteri, Security Adviser, SPDC said, -“We refer to our letter dated 24th June 1994, material requisition attached there, and the Inspector General’s approval Ref No. SH-3100/DFA/9 dated 27th July 1994 and wish to formally request for additional weapons and ammunition.” The concluding paragraph was particularly interesting: “Much as we appreciate all the efforts and help rendered so far, we shall be grateful if the order is expedited as we are under immense pressure.” The call for the supply of the arms cache was done by Shell in a letter captioned: Enquiry No 100045- Supply of Arms and Ammunition, dated 6th February, 1995 and signed by W. J. C. Dick, the then Health Safety and Security Manager, Shell Petroleum Development Company of Nigeria. Here is the manifest of the controversial order as pulled from the contract document presented by the aggrieved contractor: Berreta Model BM 128 9mm semi-automatic riffle or Berreta style equivalent suitable for 9mm short ammunition- 134 units; Berreta Model 92 FS 99 Pistol or Berreta style equivalent suitable for short ammunition- 80 units; 12 GA pump action short gun, six shots including sling- 82 units; 9mm short ammunition- 200, 000; 12 bore cartridges- 100, 000; Gun oil for servicing weapons- 35 sets; Gun cleaning kits- 35 sets; Rounds C. S. Hand grenade (smoke)- 500 units. The arms and ammunitions contract was originated by Shell’s Security Adviser, V. A. Oteri. He also consigned the delivery and this is where Shell cannot deny direct involvement in the order, procurement, warehousing and the deployment of the weapons. The question then is: Why should Shell, a foreign multinational oil company, registered for the sole purpose of exploring and producing oil in Nigeria apply and was granted permit to acquire very sophisticated arms and ammunitions? This question is very pertinent because we may need to ascertain whether Shell and other foreign multinational oil companies were involved in arms importation just at a particular time or are still doing it for use to protect their interests in the Niger Delta. The XM Federal arms supply contract was made public because of disagreement in the payment terms between Shell and the company for that particular batch of supplies. Could there be other such undercover arms contracts? This is a very serious issue. It would amount to gross irresponsibility on the part of the Nigerian government particularly the National Assembly to treat this sort of matter with levity considering its national security implications and the current serious problem of arms proliferation and violence in the Niger Delta which is even trickling down to other parts of the country. The National Assembly should look into the matter with a view to unravelling the extent and duration of such sabotage against our national security.
Also the lawmakers should find out if any other foreign or indigenous company operating in Nigeria had been involved in such abuse of privilege or license granted them to do genuine business in the country. This could be achieved by an open call for submission of memoranda or petitions on the matter. Sometime in 1995, MOSOP had alleged that Shell supplied arms to their neighbouring ethnic nationality, the Andonis of Rivers state when the two peoples fought each other. Also during the crisis between the Ijaws and the Itsekiris in Warri, one of the warring groups accused Shell of providing ‘logistics’ support to the other side. As at the time all these accusations were made against the Ango-Dutch oil giant, they were casually dismissed as baseless and the chanting a weaker factions in the wars. But the recent confessional testimony by a contractor that Shell actually acquired, warehoused and deployed arms and ammunition to protect its oil interest across the Niger Delta has made it pertinent that the Nigerian government revisits the issue as it was a gross breach of the terms for the company’s permit to operate in Nigeria. Shell may not be the only foreign oil firm involved in such act and this is a very serious assertion. The Police High Command should also be queried by the National Assembly to ascertain its involvement and the reason behind such approvals/permits as this will help clear the police of any wrong doing or otherwise and will help stop ongoing or planned illegal arms acquisition by foreign companies operating in Nigeria particularly the oil and gas region of the Niger Delta. Also, Niger Delta States Houses of Assembly should take up the case with the seriousness it deserves. And if for nothing, such enquiry may turn out to be a proactive truth and reconciliation initiative between accused oil operators and the disgruntled people of the Niger Delta. Who knows, it may ultimately be the highly needed elixir for the ongoing armed protest in the oil region.
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