An Enugu State High Court has ordered the British Government to pay £420 million in compensation to the families of 21 coal miners killed during the 1949 Iva Valley massacre.
Justice A.O. Onovo, delivering judgment on Thursday, directed that £20 million be paid to each victim’s family over what he described as an unlawful and extrajudicial killing by British colonial authorities.
The case, Suit No E 909 2024, was filed by human rights activist Mazi Greg N. Onoh, seeking accountability, a formal apology and reparations for the killings at the Iva Valley coal mines on November 18, 1949.
The miners were protesting harsh working conditions, racial wage disparities and unpaid arrears when colonial police opened fire, killing 21 workers and injuring 51 others.
According to Justice Onovo, “These 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.”
He ruled that “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.”
The judge added that the compensation would attract post judgment interest of 10 percent per annum until fully paid, while claims for pre judgment interest and exemplary damages were refused.
Justice Onovo also ordered the British Government to issue “unreserved written apologies to the families via their counsel” to be published in Nigeria’s Daily Sun, Daily Independent and The Punch, as well as three major national newspapers in the United Kingdom within 60 days.
He further directed that the compensation must be fully paid within 90 days of the judgment.
The respondents in the suit 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 Government of the United Kingdom. No counsel appeared for the British respondents.
Justice Onovo dismissed objections based on sovereign immunity, holding 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,” he said.
He also faulted the Nigerian Government for failing to pursue redress over the years, ruling that its inaction amounted to a dereliction of constitutional duty. He ordered the Federal Government to initiate diplomatic engagement with the British authorities within 60 days.
Reacting to the ruling, counsel to the applicant, Prof Yemi Akinseye George SAN, described the judgment as historic.
“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,” he said.
The court referenced international precedents, including the United Kingdom’s Mau Mau settlement, in affirming the obligation to provide redress for serious human rights abuses.
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