An investigation into the terrorism charges against Sunny Ofehe is being carried out in the Netherlands only and not in Nigeria, a spokesman for the Dutch Public Prosecutor’s Office told Radio Netherlands Worldwide.
The Netherlands-based Nigerian activist Sunny Ofehe has been accused in the Netherlands of conspiring to commit terrorist acts in his native country of Nigeria. His trial opened on 5 September in Rotterdam and will resume on 5 December.
Asked whether Dutch or Nigerian authorities were conducting related investigations in Nigeria, Wim de Bruin, a spokesman for the Dutch prosecutor’s office, said that neither Dutch nor Nigerian police were involved in investigations in Nigeria. He said this was “not necessary” as “this is an exclusively Dutch investigation.”
Requests granted and refused
The public prosecutor, Gert Veurink, has agreed to some of the requests submitted to the court by Sunny Ofehe’s lawyers at the opening of the trial. They will be allowed to listen to tapped phone calls between Ofehe and a contact in Nigeria with whom he is alleged to have plotted terrorist attacks on oil pipelines. The prosecutor also agreed to grant them access to files codenamed ‘Tokio’.
However, the prosecutor rejected the defence’s request to call 15 people to the witness stand – most of them members of the Dutch security services, on the grounds that insufficient arguments were made. In a letter to the lawyers, Veurink agreed with the appearance of three people - two of them Nigerians - on the witness stand. He also dismissed their demand to call an expert to describe the situation in the Niger Delta. The judge will determine who will be called to the witness stand when the trial resumes.
More research into context needed
Quirine Eijkman, a senior researcher at the Centre for Counterterrorism at Leiden University in the Netherlands, agrees that it is not absolutely necessary to conduct further investigations in Nigeria. “He’s charged with conspiracy on the basis of tapped phone calls in the Netherlands, so I don’t think it’s necessary to go to Nigeria.”
In Eijkman’s view, the prosecutor should have done more research into the political situation in the Niger Delta. “This would have helped explain why Ofehe is involved in human rights advocacy and why he wanted to film the illegal oil tapping in the Niger Delta.” She finds it “remarkable” that Dutch authorities charge someone with plotting to blow up pipelines in Nigeria at a time when the Nigerian authorities themselves are granting amnesty to militants involved in sabotage.
Hope for the Niger Delta Campaign
Sunny Ofehe is the founder of the Hope for the Niger Delta Campaign, which aims to raise awareness of the extensive environmental pollution caused by the oil industry in Nigeria. Central to his campaign is the filming of oil spills and the documentation of acts of sabotage with the intent of siphoning off oil to sell illegally - a practice known as ‘oil bunkering’. It seems likely that Dutch prosecutors suspect Ofehe may have incited others to commit criminal acts in order to document them.
Eijkman told Radio Netherlands Worldwide that the Dutch authorities should “show restraint” when charging people in the Netherlands with conspiracy to commit terrorist crimes abroad, “especially in places with socio-political tensions like the Niger Delta.” Other reasons to show restraint, she added, is the fact that "terrorist charges carry a social stigma" and that “human rights activists need freedom and social space to conduct their advocacy work.”
Letter to the president
Ofehe has hired a lawyer in Nigeria, in order to clear his reputation, which he feels has been tarnished by the court case. “I need to prove that I’m not a terrorist,” he told Radio Netherlands Worldwide. In a letter to Nigerian President Goodluck Jonathan, his lawyer, Festus Keyamo, called for an investigation in Nigeria into the case against Ofehe.
Keyamo wrote: "We find it extremely curious and embarrassing that, so far, the Nigerian government knows nothing about the trial of a Nigerian citizen in a foreign land accused of planning such a horrendous act as ‘blowing up pipelines’ in Nigeria. It smacks of intimidation and persecution."
Prison or deportation
If found guilty of conspiracy to commit a terrorist act, Ofehe faces a maximum prison sentence of 10 years. If he is sentenced to more than three years in jail, or if he is considered a threat to national security, he will be deported. Ofehe has also been charged with forgery and people smuggling.
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I just became aware of this case this morning. And quite frankly, it amazes me to realize that the leadership of the developed world has gotten to a point of blatant complacency on the future of development. I strongly believe that the Dutch government have completely disconnected from history.
The complete disregard and disrespect of the rights of Africans by the West is something that surprises. Here is a people who are where they are today because some men like Sunny Ofehe were part of their society. i will want you to remember that the desire for better quality of life is innate in every living thing... even plants feel better and grow robust when their conditions are better... not to mention humans who desire change continuously. It is sad that a man is asking for the rights of his people, and you are prosecuting him. I do not blame the Dutch authorities. i blame the leadership of Africa, who are more concerned with their pockets than the future of their citizens. Please be advised that the time of corrupt leadership in Africa is up. Soon, the terms of the relationship of the rest of the world with Africa will be renegotiated. Development is a phenomenon that cannot be stopped. Change is born of the heart... and lots of young African visionary leaders on their way to the top of the leadership of Africa have seen the light of change in their hearts and would pursue that change which they have seen until their people enter into it.
If the Dutch authorities really wanted something to have used the money they are wasting for, they should have just sent a plant to one of those Niger Delta community where shells drilling effort is destroying the environment.... it would have been a better publicity for the Dutch authorities than this labadoooo....
Like Chief Dai has rightly pointed out, ignorant arrogance is the worst kind of arrogation of self important and absolute power. Remember that a lot of the information you have access to in the west is also accessible to the masses of Africa, and men like Chief Dai have helped a lot of us to better understand what is needed to change Africa. Believe me, there is an army of true development crusaders putting together their structure for the rapid development of Africa working tirelessly. These men will mobilize the masses to resist any effort to short change them of the good life. some of us, like Sunny Ofehe have realized that we can peacefully put pressure on any institution as long as we can mobilize the masses on a positive course. the pursuit of happiness has gotten to the point where we must all insist on it for all. Also, do not forget that your desire for the good life is also in the heart of all Africans. and just like you found the way to get to where you are today, so also will we pave our own way to get there.... obstacles not withstanding...
Please, stop the act of intimidation and harassment of Africans... you cannot be sure that you might not soon be seeking the opportunity to come to Africa as your only hope. After all, Africa once ruled the world.... and will again.
This case is one that involves a nation, her citizen and the netherlands. The world is watching but come to think of it, the Nigerian government did not come up with any case of attempted pipeline vandalism or terroist act by Mr. Sunny Ofehe against her. The country till date has not shown interest in the case but following the outcome of the case for sure. Mr Sunny is a known environmental activist from the Niger Delta and a frontiers in intiating peace in the region. For example, Amnesty Initiative, Development of the region and laying down of arms and most importantly, the environmental damage and HNDC clean up campaign. Please, I enjoin the judiciary to do the right thing and not tarnish the image of her judicial system, if you find the man culpable with right evidence-go ahead and if not quash charges for the man to go freely to continue his advocacy and fulfil his destiny....I hope SHELL is not connected as sponsors...The court should allow witness from both parties and not be selected as it is now...The worl had seen some pictures of environmental damage in the Niger Delta and if not-come and see for yourself. Such advocacy is borne out of emotions. No oil producing state in the world is as neglected as the region and SHELL manages more oil wells........STAND FOR TRUTH...........
@Helene...
I agree with you for the most part... and I must apologise if I confuse by my lack of preciseness in the use of legal terminologies. For many of Sunny's supporters it is indeed difficult not to be emotive and this can be seen by the various calls citing 'Justice' but you are correct that this is about the 'Law' and often the two are not the same. I personally told Sunny that I did not agree with his lawyers attempt to have the case dismissed... that would have left an ongoing uncertainty... and allow the ‘no smoke without fire’ argument. I am totally convinced that there cannot be a finding of guilty on the conspiracy to commit terrorism charges as there was and never has been any terrorist plan or purpose in the Delta 'Struggle' and certainly Bunkering by definition does not deliberately seek media exposure... a major motivation for most acts of terrorism.
My concern is that while you rightly state that " the judges will decide, based on arguments presented by both parties" I was shocked to find that apparently the Prosecutor can "decide" on which (if any) defence witnesses are called and had to be practically forced to produce even the core evidence of the tapes and the Tokyo file.
I don’t think that I have intentionally suggested that Shell could influence the court system in the Netherlands, in fact if they could I believe that they would be making every attempt to make this case disappear... it serves them no value and can only result in adverse publicity either way. I can fully appreciate however why some Nigerian supporters would assume this to be possible... one only has to read the Nigerian press to find many blatant examples of judicial malpractice in Nigeria. I do however believe that it is entirely possible for Shell to have influenced or indeed triggered the initial investigation that has led to the courts becoming involved. Would 'Shell' use such a strategy...? There is much evidence that supports the fact that Shell (or SPDC) has been complicit in far worse corrupt strategies and practices in Nigeria so it is in my view possible. Is it likely? Personally find it difficult to believe that at the time this began, Sunny/HNDC were big enough thorns in their side to warrant it. I admit I have no real understanding of the ‘Dutch’ factor in this... perhaps it is relevant but on the international scale Shell has managed to totally dismiss the claims of much bigger individuals and organisations. I watched the video where the MPs questioned Shell and to be frank the Shell representatives didn’t even break into a sweat; I was invited to the EU session but didn’t attend and as I understand it Shell didn’t even bother to turn up? Hardly an indication of extreme urgency.
That said there is, as I have already mentioned “something rotten” about all this but on balance I am more inclined to believe (at the moment) that it was more likely an issue of over enthusiasm (arrogance) in conjunction with lack of information (ignorance) on the part of the Dutch police. That it continues could be just a case for justifying the cost of the operation or perhaps as you partly suggest, once it is in 'the system' it gains its own momentum???
I am not dismissing Sunny’s cause or his tremendous efforts and I could never be accused of defending any Oil Companies actions (or inactions) in the Niger delta... in fact if there was any ‘justice’ then in my view it should be Shell on trial... in The Hague! But I don’t believe that speculating whether there was some high level conspiracy (without any evidence) just muddies the water and does not serve current best interests. The first step is to show that ‘in law’ Sunny cannot be guilty of the charges being brought and in my mind that is irrefutable... no terrorism no conspiracy!
Once Sunny has cleared his name then it may be worthwhile to seek better answers, but that will need to be another story I think.
The public prosecutor makes up the judicial system so we must seperate the court and not the justicial system from each other. I was shocked when in the first court case of 5th September, the Head of the Judges said if Ofehe's lawyer had put their demand in a close hearing maybe the verdict would have received positive consideration. How can a court made such open statement that some request need to be asked in the private. Its too early to ascertain the true independence of the court. I agree with Chief Dai that so far its been pro - prosecution manuevre. Time will tell!
Chief Dai, I was just surprised that so many people suggested the Dutch government could order the courts to suspend the case or even intervene, or that Shell can manipulate the court system. Yes the prosecutor has some powers, but ultimately the judges will decide, based on arguments presented by both parties, for example on who will be called to the witness stand, and which files will be released. It is a time consuming process, and the trial hasn't even started.
@Helene.. a good point can you expand? I tend to use the terms 'authority' or 'police' as generic terms as i was totally confused by the Dutch legal system... I do not doubt the independance of the Judiciary but even Sunny's lawyer admit that this is a question about the (as yet) untried Dutch terrorism laws... even as a layman i found some strange rules regarding the power of the prosecution that i would have thought were the domain of the judge?? as i say i am no legal expert but it appears to me that the 'system' is somehow biased or naive biased rather than the judiciary itself.
Comrade sunny ofehe is a hero and a good Nigeria citizen. Dutch government accused Him because of his fight against Oil pollution in the Niger Delta Region which is carry out by Royal Dutch Shell which is popularly known as Shell.
Why is no one making a distinction between the Dutch government and the Dutch judiciary? Even Mr. Ofehe has said that he has full confidence in the (independent) Dutch justice system.
Since my post on the previous article (http://www.rnw.nl/africa/article/dutch-nigerian-accused-conspiring-blow-...) I have actually spent a week in Rotterdam at Sunny’s request in order to gain some better perspectives and to offer advice to his lawyers on the relevancy of the (then and now) actual circumstances of the Delta.
My initial stance that the use of the word ‘terrorism’ was a gross misinterpretation of the facts and that either it was used due to complete ignorance or there was some attempt at to deliberately defame Sunny’s character. Whether this began as a conspiracy between Shell and the Dutch authorities I cannot say...the timing of some of the events are entirely too coincidental... but it has to be allowed that Europe has lately focused on organised criminal activities by Nigerian gangs and particularly on human trafficking. Bad luck, bad timing and good intentions may account for Sunny initially coming to attention of the Dutch police but from there it becomes totally ridiculous. The actions that were subsequently carried out by the police were extraordinary in depth and scale and cannot be readily justified. Having seen for myself and heard the descriptions of the police actions from Sunny and his family I am outraged at the excessive actions and the impact that it has had on their basic human rights.
Why was such an extended operation with little if any concrete result allowed to continue for such a long time? Even if I accept that there was initially some complicity between Oil and State it is hard to believe that Shell could be so ignorant as to not foresee the ultimate futility of the charges. Unlike the Dutch authorities they know the situation in the Delta and they should have realised the consequences of any accusation of terrorism... besides I have read hundreds of reports from Oil companies and independent research and analyst organisations and not once has the term terrorism been used in association with or to describe the strategies of the ‘Struggle’ and to equate ‘Bunkering’ with anything other than pure criminal motivation is ludicrous. I therefore believe that it is more likely that the Dutch Authorities are trying to save embarrassment by trying to justify their overreactions.
This is borne out by the fact that the prosecution has had to be forced to submit the very evidence that the charges are allegedly based on. I must admit at this point that the way the Dutch law apparently works in this instance completely baffles me... how can the prosecution decide what evidence is necessary for the defence or what witnesses are relevant to ensure that the context as well as the content are properly considered?? But this is something for lawyers to argue not me.
I do however have an issue with some of the statements made in this article and for brevity I will just bullet them:
• “an exclusively Dutch investigation”... this is just too ridiculous to believe... is Wim de Bruin seriously trying to suggest that any act of alleged terrorism is no concern of the national government of the country in which the alleged act was to be carried out... forget the legalities, common courtesy would demand some communication. Is he trying to suggest that in similar circumstances if there was a threat in the US or the UK or the EU the Dutch would effectively exclude any respective involvement by the appropriate national security forces...? Absurd!
• “He also dismissed their demand to call an expert to describe the situation in the Niger Delta”... The actual ‘situation’ is core to the argument... is he trying to suggest that terrorism is a random event with no relationship to the conditions and motivations that are the drivers? I see no way in which this statement can be justified IF there is any seriousness to the charges... it only makes sense if the intention is to allow the confusion to continue. If the Dutch authorities had known anything at all about the Delta then a lot of time money and embarrassment would have been saved and we certainly wouldn’t need to be having this discussion now!
• “More research into context needed”... I find this paragraph somewhat contradictory...
But perhaps it is in the translation or my interpretation of ‘investigation’ and ‘research’. It is extremely surprising that the Nigerian security services were apparently never even made aware let alone consulted... by definition they could have provided a complete historical and contextual background. However whether it is now necessary to now carry out a further police investigation in Nigeria is a moot point. It would only bring further embarrassment to the Dutch authorities and the response would certainly not substantiate the case for the prosecution.
Quirine Eijkman, is correct in her call for “more research” and as I have already stated, ideally at a much earlier stage of the investigation. I am yet to be convinced however that it is no longer relevant. I did not have the opportunity to speak with the intended expert witness or indeed Quirine Eijkman but having read the Bio’s and some of their articles/background I am concerned that while they are undoubtedly respected in their own fields I can find no evidence that they are personally familiar with the particular and peculiar circumstances of the Delta... circumstances that are still extremely relevant to providing Sunny with a proper defence should this fiasco continue.
Having tried to look at things objectively my use of the word ‘fiasco’ in the previous sentence was deliberate... with any level of understanding of these events it is impossible not to form a personal view and mine can be summed up by paraphrasing Marcellus (Hamlet Act 1, scene 4,) “Something is rotten in the state of Holland!”...
Best wishes Sunny and either way I am sure that... You dey give am Fire
Comrade sunny ofehe is a hero fighting for the voiceless Niger-deltas,The dutch government should stop the oppression(Trial) just to silence him.He is a just and upright man,Who is fighting for a better living environment for the common people of Niger-delta.Therefore,No government of any nation in the world can bring him down cos the hands of the Almighty God is upon him and that of the people are behind him.I will advice the Dutch justice department to drop the case against him before it is too late...ALUTA CONTINUA!!!
It doesn't require putting two and two together to see that Mr Ofehe is being victimized by the Dutch authorities as a result of his consistent and coherently dogged fight against the victimization and gross exploitation of his native Niger Delta's resources and environment without adequate compensation for environment and people.Especially coming in the heel of a special hearing by the Dutch parliament where top echelons of Shell Oil were invited and put on the hot seat for the first time since 1958 when they started their criminal act in Oloibiri in the present day Bayelsa. From all indications this didn't go down well with the Dutch government (which if you like is Shell and vice versa.)
Therefore,putting this warrior,crusader and champion of human and environmental rights on trial is a charade and a slap in the face of rights activist everywhere in the world. It is an absolute abuse of court process and legal system. It shows the Dutch government is desperately pathetic and would do ANYTHING in connivance with Shell even if it means threatening sustainable development and sustainability of the over 50 million people that live in the Niger Delta.
THIS IS MY PROBLEM WITH NIGERIAN GOVERNMENT,SOMETHING OF THIS MAGNITUDE IS HAPPENING AND THE GOVERNMENT IS SILENT ABOUT IT,WELL I THINK IT IS NOW THE RESPONSIBILITY OF THE GOVERNMENT TO TAKE UP THIS CASE TO ENSURE THAT OUR DEAR COMRADE IS CLEARED OF SUCH BASELESS AND CHARACTER ASSASSINATING CHARGES. THE CHARGES AGAINST COM SUNNY OFEHE SHOULD BE DROPPED.MORE SO THE NIGERIAN GOVERNMENT SHOULD SEE TO THE WELL BEING OF THEIR CITIZENS ABROAD,WHO ARE BEEN OPPRESSED FOR NO REASON.I BELIEVE OUR COMRADE WOULD NOT RELENT IN THE NIGER DELTA STRUGGLE BECAUSE OF THIS RATHER WOULD BE POISED BY THIS CHALLENGES TO DO MORE...OUR COMRADE THE PEOPLE ARE BEHIND YOU
This is act of conspiracy, intimidation, oppressing and a deregulation of human right because the shell company are killing the environment, polluting the soil, water and the people of Niger Delta, Sunny Ofehe attempts to open the acts of this illegal practiced by giant oil company Shell in his home state remains the bias source of this false allegation trial in court. am calling on president Goodluck Jonathan and the Nigeria government including the E.U parliament should arise and investigate this case properly and withdraw the false allegation case against Sunny Ofehe because he has not involved in any of this false charges in Nigeria before and now. O'almighty God vindicate Ofehe Sunny from this false allegation by Holland public prosecutor and put all the enemy behind this to shame in Jesus name i pray amen.
Brother do not be afraid because God is your strength and with you till the end. no false allegation or evil plans will prosper against you in Jesus name i pray Amen.
I have been following this case from the start and have seen the way the Dutch Public Prosecutor office has been using this case to disgrace the country and yet not even any arm of the Dutch government have deemed it neccesary to wade in and save the country of further disgrace in the eyes of the international public. In the US, this case will not even go through pre-trial. The authorities spent huge amount of tax payers money following this innocent man for two years and found nothing. Instead of admitting their shame, they still want to proceed with a trial that will cost the State even more money and the Dutch people are sitting down watching. You charge someone for terrorism in far away Nigeria even when the country is not aware because you want to protect your oil company (Shell)! I have been in touch with many people in Nigeria who are following this case and I know that anger is brewing in their mind. This case may may likely bring civil unrest in Nigeria if the Dutch authorities are not careful. This man is very popular in Nigeria and has a lot of support among the youths. Dutch please be careful because we don't want another "Arab Spring" in Nigeria because you will suffer most.
i think the real terrorists here are the Dutch. Shell, a dutch company drills oil in Nigeria and leaves the environment unhealthy and when people like comrade ofehe attempt to expose their illegal acts, they become subjects of conspiracy. All militants of the Niger Delta where well recognized, granted amnesty and ae currently undergoing rehabilitation which includes financial settlements. if Ofehe was one, he would identified with amnesty programme as a militant and smiled to the bank with his pocket full. he wouldnt even need to live in the Netherlands as ex-militants are doing so well financially back home in Nigeria. His numerous attempts to showcase acts of illegality practised by Shell in his home state remains the source of this trial. It is the root point on which this conspiracy was based and back home in Nigeria we know this. we have been following this trial and have held several meetings to this cause. We are convinced that Ofehe is innocent and that the charges against him are political and sponsored by Shell. Some of us back home ventured into open adtivism and human right advocacy because Ofehe inspired us. never has he been mirrored in a different light than the fact that he represents what is right, just and truthful. To see such a man of high integrity treated in disdain by the Dutch leaves young Nigerians believing that SHELL's attitude to the plight of te Niger deltans is a premeditated attitude of the entire Dutch people. Even at a time when he is falsely persecuted by the Dutch, ofehe still tries to teach us back home of how hospitable some dutch people are. This doesnt sound like a terrorist to me in any manner. i think the dutch authorities shuold simply drop the charges against this innocent man. he is such a gentle man and deserves respect and peace of mind.
GREAT POST! "Some of us back home ventured into open adtivism and human right advocacy because Ofehe inspired us." You are right on target when you said, "His numerous attempts to showcase acts of illegality practised by Shell in his home state remains the source of this trial. It is the root point on which this conspiracy was based and back home in Nigeria we know this." Sunny Ofehe has inspired people all over the world, including the United States. We have spent time with him in the Netherlands and in Nigeria and stand by and fully support his efforts.
We are heading somewhere and we will get there in Jesus name,no weapon from the enemies camp formed against us in this struggle shall ever prosper in the name of Jesus.The truth will come as it can never be hiding for too long and comrade Sunny Ofehe will be vindicated at the end of the day as a non violent peace loving citizen of both the Netherlands and Nigeria,we also want every one out there to know that no amount of intimidation will make us leave this struggle.God been our helper,we will fight till we get our God given natural blessings turning into real blessings that the common man in the Niger-Delta region will begin to enjoy the oil wealth just like others are enjoying in the civilizes world out there.Fellow comrades,brothers in this struggle should not loose sleep as there is light at the end of the tunnel.
This whole case on terrorism seems at the leas to be a paranoid move on the part of the Dutch justice department. If the Dutch accused him of terrorism after he visited the Dutch Parliament to explain the workings of the oil companies in the Niger Delta. One has to ask. Where is the judicial proof? And if such evidence exists why wait so long?
We now live in a world where terrorism is num 1 target.
And on top of that the Nigerian police and the Security service where not evolve in the investigation. It is most peculiar.
One must ask the question is there other reasons for making these outrageous accusations and charges. And if so what is the real motivation of the Dutch justice department?
I truly respect Comrade Sunny Ofehe and his courage. He recently hosted a high powered Nigerian government official to Europe. He has absolved all the pressure in good faith and continued his campaign. The oppressors thought they could silence him but rather they have made him even more popular and he is riding on without being distracted.
The Dutch authorities have failed and the case will surely be thrown out of court 5th December. Comrade, we will be there like we did the last time in our numbers to support you.
Keep strong and remained blessed brother.
Why dt u guy leave ofehe alone ,this is a peace loving man and he is well respected in his country...this is just oppression and resist.....
Humphrey. D. Koeiman, Secretary General of HNDC says: Our organization HNDC (Hope for Niger Delta Campaign) there is no room for terrorism, human trafficking, or prostitution. We carry it into battle against environmental pollution, and the Human Rights where in the world whatsoever. We walk with a purpose and one single agenda.
I was called into the Advisory Board this years 2011 by Sunny Ofehe and Humphrey D. Koeiman and I have seen Sunny´s efforts on the Niger Delta Topic, he published a newspaper, he is trying to get stakeholders together at all levels.
Margit M. Holzer, Austrian African Society
It is laughable that the dutch prosecutor rejected the idea of calling more people to the witness box .This shows that justice and fairness is not been followed in this case.We do hope that the judge will deliver judgement without bias.
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