By Peter Omopo
An Enugu State High Court has ordered the British Government to pay a total of £420 million in compensation to the families of 21 coal miners killed during the 1949 Iva Valley massacre in Enugu State.
Justice Anthony Onovo, delivering judgment on Thursday, directed that each of the affected families be paid £20 million for the unlawful killing of their relatives by British colonial authorities.
The massacre occurred on November 18, 1949, at the Iva Valley Coal Mine in Enugu, then the administrative headquarters of the Eastern Region of British-administered Nigeria. The miners had been protesting harsh working conditions, racial wage disparities and unpaid arrears. When negotiations failed, the workers adopted a “go-slow” protest and occupied the mine to prevent management from shutting it down.
According to the court, the protest was met with lethal force after a British superintendent opened fire on the miners, killing 21 workers and injuring 51 others.
The victims were identified as 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, Chukwu Ugwu, Thomas Chukwu, Simon Nwachukwu, Agu Alo, Ogbonnia Ani Chima, Nnaji Nwachukwu, William Nwaku, James Onoh Ekeowa, Felix Nnaji and Ani Nwaekwe.
The suit, marked E/909/2024, was instituted by human rights activist Greg Onoh, who sought a declaration of liability, a formal apology and compensation for the families of the slain miners. The respondents included the United Kingdom’s 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.
The court noted that counsel to the first, second, fifth and sixth respondents were absent during the proceedings.
In his ruling, Justice Onovo described the killings as unlawful and extrajudicial violations of the right to life, holding the British colonial administration liable for the massacre. He ordered the British Government to issue unreserved written apologies to the families through their counsel, with the apologies to be published in Nigeria’s Daily Sun, Daily Independent and The Punch newspapers, as well as in three major national newspapers in the United Kingdom.
The judge directed that proof of publication be filed in court within 60 days, while payment of the compensation must be completed within 90 days from the date of judgment.
Justice Onovo also faulted the Federal Government of Nigeria and the Attorney-General for what he described as prolonged inaction, stating that under Sections 19(d) and 150(1) of the Constitution, they have a duty to pursue redress for such historical injustices. He ordered the Nigerian government to initiate diplomatic engagement with the British Government within 60 days to seek justice and reparations for the victims’ families.
The court dismissed preliminary objections bordering on sovereign immunity, affirming that grave historical human rights abuses remain justiciable under the Nigerian Constitution.
Reacting to the judgment, counsel to the applicants, Professor Yemi Akinseye-George, SAN, and P.N. Agazie, described the ruling as historic, saying it reinforces the principle that governments must be held accountable for human rights violations, regardless of when they occurred.
They noted that the decision aligns with international precedents, including the United Kingdom’s settlement with victims of the Mau Mau uprising, and underscores the continuing obligation of states to provide redress for serious human rights abuses.
