The judge held that the Federal Government of Nigeria and the 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.
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 News Agency of Nigeria (NAN) recalls that the massacre took place at the Iva Valley Coal Mine in Enugu on 18 November 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 the British superintendent to shoot and kill 21 coal miners and injure 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 was filed by rights activist Greg Onoh, who sought an acknowledgement of liability, a formal apology from the British government, and comprehensive compensation for the loss of their loved ones.
The respondents were the Secretary of State for Foreign, Commonwealth and Development Affairs as the first respondent, the British government as the second respondent, and the Federal Government of Nigeria as the third.
Others were the Attorney-General of the Federation and Head of the Commonwealth, Government of the United Kingdom as 4th and 5th respondents respectively.
NAN reports that no counsel represented the 1st, 2nd, 5th and 6th respondents.
Delivering the judgement, Justice Onovo described the massacre as an unlawful and extrajudicial violation of the right to life, holding the British colonial administration liable and ordering 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-judgement interest and exemplary damages are hereby refused,” Justice 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 Punch, as well as in 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 judgement.
The judge added that the Federal Government of Nigeria and the 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.
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 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,” the judge held.
Reacting to the judgement, counsels to the applicants, Yemi Akinseye-George, SAN, and P.N Agazie, described it as a historic 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 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,” Mr Akinseye-George said.
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