By Uche Onyeali
Enugu State High Court presided over by Justice Anthony Onovo has ordered the British government to pay £20 million each to the families of 21 coal miners killed in Enugu in 1949 by the colonial masters.
It would by recalled that the miners were massacre at Iva Valley Coal Mine in Enugu on November 18, 1949 when Enugu served as the administrative capital of the Eastern Region of British-administered Nigeria.
The miners were protesting harsh working conditions, racial disparities in wages and unpaid wages.
When their demands were not met, the miners adopted a “go-slow” protest method and occupied the mine to prevent management from locking them out.
This led to British superintendents shooting and killing 21 coal miners and injured 51 others.
The victims include 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.
Others are Thomas Chukwu, Simon Nwachukwu, Agu Alo, Ogbonnia Ani Chima, Nnaji Nwachukwu, William Nwaku, James Onoh Ekeowa, Felix Nnaji, and Ani Nwaekwe.
The suit, E/909/2024 was brought by a 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.
Listed in the suit were the Secretary of State for Foreign, Commonwealth and Development Affairs, British government and the Federal Government of Nigeria as first, second and third respondents, respectively.
Others were the Attorney-General of the Federation and Head of Commonwealth, government of the United Kingdom as fourth, fifth respondents, respectively.
No counsel represented the first, second, fifth and sixth respondents.
Delivering his judgement, Justice Onovo described the massacre as unlawful and extrajudicial violation of the right to life, holding British colonial administration liable and ordered substantial compensation, formal apologies and diplomatic action.
According to the judge, the British government must be held accountable and must make reparations to the families of the 21 coal miners.
“These defenceless coal miners were asking for improved work conditions; they were not embarking on any violent action against the authorities, but were shot and killed.
‘”The first, second, fifth and sixth 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 percent annum until fully paid, while claims for pre-judgement interest and exemplary damages is whereby refused,” the judge held.
He said 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 proof of publication filed in court within 60 days, ordering that the monetary awards would be done within 90 days from the date of the judgement.
The judge added that the Federal Government of Nigeria and Attorney-General have 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.
Justice 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 remain 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, Professor Yemi Akinseye-George (SAN), and P.N Agazie, described it as historic and an 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 judgement 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.
