Justice Anthony Onovo of the Enugu High Court on Thursday ordered the British government to pay £20 million each to the families of 21 coal miners killed in Enugu state by colonial masters in 1949.
The News Agency of Nigeria (NAN) recalls that the massacre took place on November 18, 1949 at Iba Valley Colliery in Enugu, then the administrative capital of the British-ruled Eastern Region of Nigeria.
Miners have been protesting harsh working conditions, racial wage disparities, and unpaid wages, and have taken over mines using a “go-slow” protest technique to prevent management lockouts if their demands are not met.
As a result, British inspectors shot dead 21 miners and injured 51 others.
The victims were Sunday Anyasodo, Ani Oha, Andrew J. Obiekwe Okonkwo, Augustine Chiwetaru, Ono Ugwu and Ngwu Ofor. , Mr. Ndungba Eze, Mr. Okafor Agu, Mr. Livinus Ukachunwa, Mr. Jonathan Agu Ozoani, Mr. Moses Ikegbu Okoroha, and Mr. Chukwu Ugwu.
Also included are Thomas Chukwu, Simon Nwachukwu, Agu Aro, Ogboniya Ani Chima, Nnaji Nwachukwu, William Nwakwu, James Ono Ekeowa, Felix Nnaji and Ani Nwakwe.
The lawsuit, NO: E/909/2024, was brought by human rights activist Maji Greg Onoo, seeking an admission of responsibility, a formal apology from the UK government, and comprehensive compensation for the loss of a loved one.
The first respondent was the Secretary of State for Foreign, Commonwealth and Development Affairs, the second was the British Government, and the third was the Federal Government of Nigeria.
The other respondents were the Attorney General of the Commonwealth and the Secretary of State to the Government of the Commonwealth of Nations, who were the fourth and fifth respondents respectively.
NAN reports that there were no lawyers representing the first, second, fifth and sixth respondents.
Mr. Onovo issued a judgment, calling the massacre an illegal and extrajudicial violation of the right to life, holding the British colonial government accountable, and ordering substantial compensation, a formal apology, and diplomatic measures.
He said the British government must take responsibility and compensate the families of the 21 miners.
“These defenseless miners were shot dead even though they were demanding better working conditions and had not committed any violence against the authorities.
“The first, second, fifth and sixth defendants should pay the UK Government the sum of £20 million for each victim, totaling £420 million, as an effective remedy and compensation for the violation of the right to life.”
“Post-judgment interest will also be payable at 10% per year until paid in full, but claims for pre-judgment interest and punitive damages are denied,” Onovo argued.
He said that in recognition of the historical injustice, a free written apology to the family through his lawyer should be published in Nigeria’s Daily Sun, Daily Independent and The Punch, as well as the three major British national newspapers.
This must be accompanied by proof of publication filed in court within 60 days, and the award is ordered to be satisfied within 90 days of the date of judgment, he said.
The judge added that the Federal Government of Nigeria and the Attorney General had a constitutional duty to seek compensation under Articles 19(d) and 150(1) and their prolonged inaction amounted to a dereliction of their constitutional duties.
Onovo added that the Nigerian government must initiate and pursue diplomatic engagement with the British side within 60 days to seek justice, effective redress and compensation.
However, he rejected a preliminary objection based on sovereign immunity and affirmed his jurisdiction, stressing that the grave historical injustice remains legitimate under the Nigerian Constitution.
Onovo argued that “the claims of representatives of the federal government that Nigeria was still under colonial rule at the time of the killings are invalid.”
Reacting to the judgment, the applicant’s representatives, Professor Yemi Akinseye George (SAN) and PN Aghazi, said it was a historic judgment and an indication that no government anywhere in the world should tolerate any form of abuse or violation, torture or the taking of human life without provocation.
They said the judgment drew compelling parallels with international precedent, including the UK’s Mau Mau Settlement, and emphasized the continuing obligation to provide redress for serious human rights violations.
“This judgment is an important milestone in the pursuit of historic responsibility and justice for colonial-era violations, and affirms that the right to life transcends time, borders and changes in sovereignty,” Akinseye-George said. (South)
