Enugu: Justice Anthony Onovo of the Enugu High Court has ordered the British Government to pay £20 million to each family of the 21 coal miners killed in Enugu State in 1949 by colonial forces.
According to News Agency of Nigeria, this judgment addresses the massacre that occurred at the Iva Valley Coal Mine in Enugu on November 18, 1949. At the time, Enugu was the administrative capital of the Eastern Region of British-administered Nigeria. The miners were protesting harsh working conditions, racial wage disparities, and unpaid back wages, leading them to adopt a ‘go-slow’ protest method and occupy the mine.
This protest resulted in the British superintendent ordering the shooting, which killed 21 miners and injured 51 others. The victims included Sunday Anyasodo, Ani Oha, Andrew J. Obiekwe Okonkwo, and others. The lawsuit, NO: E/909/2024, was filed by Human Rights Activist Mazi Greg Onoh, demanding acknowledgment of liability, a formal apology from the British Government, and compensation for the families.
The respondents in the case included the Secretary of State for Foreign, Commonwealth and Development Affairs, the British Government, the Federal Government of Nigeria, the Attorney-General of the Federation, and the Head of the Commonwealth. However, no counsel represented the 1st, 2nd, 5th, and 6th respondents during the proceedings.
Justice Onovo described the massacre as a violation of the right to life and held the British colonial administration liable, ordering substantial compensation, formal apologies, and diplomatic action. He emphasized that the British government must be held accountable and make reparations to the families.
The court ordered the British Government to pay £20 million per victim, totaling £420 million, with a post-judgment interest of 10% per annum until fully paid. Claims for pre-judgment interest and exemplary damages were refused. Written apologies to the families are to be published in Nigerian newspapers and three major UK newspapers, with proof of publication filed in court within 60 days. The monetary awards must be satisfied within 90 days from the date of judgment.
Justice Onovo also stressed the duty of the Nigerian Government and Attorney-General to pursue redress, criticizing their inaction as a dereliction of constitutional duty. He urged the Nigerian Government to initiate diplomatic engagement with the British side within 60 days.
The judge dismissed a preliminary objection based on sovereign immunity and affirmed the court’s jurisdiction, emphasizing that historical injustices remain justiciable under Nigeria’s Constitution. The argument that Nigeria was under colonial rule at the time was struck out.
Counsels to the applicants, Prof. Yemi Akinseye-George, SAN, and P.N Agazie, hailed the judgment as historic, reinforcing that governments should not tolerate abuses and violations. They noted that the ruling drew parallels with international precedents like the UK’s Mau Mau settlement, underscoring the obligation to provide redress for serious human rights abuses. Akinseye-George stated that the ruling represents a significant milestone in pursuing historical accountability and justice for colonial-era violations, affirming the timeless nature of the right to life.