The widow of a Nigerian activist, Barinem Kiobel is planning to sue Royal Dutch Shell in the Dutch courts.
She alleged that the oil company was complicit in the execution of her husband by the Nigerian military in 1995, court documents filed in the U.S. last week show.
Esther Kiobel has filed an application in New York to secure documents from Shell’s U.S. lawyers, which she could use in the Dutch action.
The filings with the U.S. District Court for the Southern District Court of New York said she planned to begin that action before the end of the year.
“Kiobel will demonstrate that Shell encouraged, facilitated, and conspired with the Nigerian government to commit human rights violations against the Ogoni people,” a memorandum in the application filed last week said.
According to Shell spokesperson, “Shell remains firmly committed to supporting fundamental human rights in line with the legitimate role of business. We have always denied, in the strongest possible terms, the allegations made by the plaintiffs in this tragic case.”
Kiobel previously took her lawsuit to the U.S. but the U.S. Supreme Court ruled in 2013 that the case could not be heard because the alleged activities took place outside the country.
In 2009 prior to that ruling Shell had agreed in the U.S. to pay $15.5 million to settle lawsuits related to other activists, referred to as Ogoni Nine, executed at the same time as Barinem Kiobel including author and environmental activist Ken Saro-Wiwa.
Kiobel’s lawyer did not immediately respond to a request for comment on Sunday.