Iva Valley mine in Enugu
Justice Anthony Onovo of the Enugu High Court, on Thursday, ordered the British Government to pay £20 million each to the families of the 21 coal miners killed in Enugu State in 1949 by the Colonial masters.
The massacre took place at the Iva Valley Coal Mine in Enugu on Nov. 18, 1949, which was the administrative capital of the Eastern Region of British-administered Nigeria at the time.
The miners were protesting harsh working conditions, racial disparities in wages and unpaid back wages and when their demands were not met, they adopted a “go-slow” protest method and occupied the mine to prevent management from locking them out.
This led to British superintendent to shoot and kill 21 coal miners and injured 51 others.
The victims were Sunday Anyasodo, Ani Oha, Andrew J. Obiekwe Okonkwo, Augustine Chiwetalu, Onoh Ugwu, Ngwu Offor, Ndunguba Eze, Okafor Agu, Livinus Ukachunwa, Jonathan Agu Ozoani, Moses Ikegbu Okoloha and Chukwu Ugwu.
They also include, Thomas Chukwu, Simon Nwachukwu, Agu Alo, Ogbonnia Ani Chima, Nnaji Nwachukwu, William Nwaku, James Onoh Ekeowa, Felix Nnaji, and Ani Nwaekwe.
The suit, NO: E/909/2024 was brought by Human Rights Activist, Mazi Greg Onoh, who sought an acknowledgment of liability, a formal apology from the British Government, and comprehensive compensation for the loss of their loved ones.
The respondents were Secretary of State for foreign, Commonwealth and Development Affairs as first respondent, British Government 2nd, Federal Government of Nigeria 3rd.
Others were the Attorney-General of the Federation and Head of Commonwealth, Government of the United Kingdom as 4th, 5th respondents respectively.
No counsel represented the 1st, 2nd , 5th and 6th respondents.
Delivering the judgement, Onovo described the massacre as unlawful and extrajudicial violation of the right to life, holding British colonial administration liable and orders substantial compensation, formal apologies, and diplomatic action.
According to him, the British government, must be held accountable and must make reparations to the families of the 21 coal miners.
“This defenseless coal miners were asking for improved work conditions, they were not embarking on any violent action against the authorities, but yet were shot and killed.
‘”The 1st, 2nd, 5th and 6th respondents should pay £20 million per victim, totaling £420 million, payable by the British Government as effective remedy and compensation for the violations of the right to life.
“They will also pay Post-judgment interest at 10 per cent annum until fully paid while claims for pre-judgment interest and exemplary damages is whereby refused,” Onovo held.
He said that unreserved written apologies to the families via their counsel should be published in Nigeria’s Daily Sun, Daily Independent, and The Punch, plus three major national newspapers in the United Kingdom, recognising the historical injustice.
This, he said, must show proofs of publication filed in court within 60 days, ordering that the monetary awards would be satisfied within 90 days from the date of judgment.
The judge added that the Federal Government of Nigeria and Attorney-General had a constitutional duty under Sections 19(d) and 150(1) to pursue redress, and their prolonged inaction was held to constitute a dereliction of constitutional duty.
Onovo added that the Nigerian Government must initiate and pursue diplomatic engagement with the British side within 60 days to seek justice, effective remedies, and reparations.
He, however, dismissed a preliminary objection based on sovereign immunity and affirmed its jurisdiction, stressing that grave historical injustices remained justiciable under Nigeria’s Constitution.
“The argument by the representative of the Federal Government that Nigeria was still under colonial rule when the killing was committed is hereby struck out,” Onovo held.
Reacting to the judgement, Counsels to the applicants, Prof. Yemi Akinseye-George, SAN, and P.N Agazie, described it as a historic judgement and indication that governments anywhere in the world should not tolerate abuses and violations of any form, torture and taking of human lives without provocation.
According to them, the judgment drew persuasive parallels with international precedents, including the United Kingdom’s Mau Mau settlement, underscoring the continuing obligation to provide redress for serious human rights abuses.
“This ruling represents a significant milestone in the pursuit of historical accountability and justice for colonial-era violations, affirming that the right to life transcends time, borders, and changes in sovereignty,” Akinseye-George said. (NAN)
