The Federal Government of Nigeria and that of the United Kingdom, have been served with the judgement of a Nigerian court which ordered judgement in the sum of £420 million, for family members of the 21 Nigerian miners killed in 1949.

A professor of Law and Senior Advocate of Nigeria, Prof. Yemi Akinseye-George, who disclosed the service of the judgement on the respondents, however urged the two governments to respect and also comply with the said judgement.

It would be recalled that the British colonial administration had on November 18, 1949, ordered colonial police officers to open fire on 21 coal miners, at the Ivy Valley Coal Mine in Enugu, who were then protesting poor working conditions, wage dispute, and discriminatory labour practices.

After over three decades of the incident, a Human Rights Activist, Mazi Greg N. Onoh, in 2024, sued the UK government, demanding redress and compensation for families of victims.

The plaintiff in the suit marked: E/909/2024, sought an acknowledgment of liability, a formal apology from the British Government, and comprehensive compensation for the loss of their loved ones.

Two years later, the court came out with a guilty verdict, describing the massacre as an unlawful and extrajudicial violation of the right to life. While holding the British colonial administration liable, the court ordered substantial compensation, formal apologies, and diplomatic action.

“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.

“The 1st, 2nd, 5th and 6th respondents should pay £20 million per victim, totalling £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-judgement interest at 10 per cent per annum until fully paid while claims for prejudgement interest and exemplary damages are hereby refused,” Onovo held.

Speaking of efforts to enforce the judgement of the court, Akinseye-George, who led the legal battle for the plaintiff, told journalists that the judgement was dispatched to the United Kingdom through the British High Commissioner in Nigeria.

“We have served the Certified True Copy of the full judgement on the respondents. We have written formally to the Federal Government of Nigeria through the Attorney General of the Federation,” the senior lawyer said.

While disclosing that the judgement creditors have formally notified the British Government through the office of the High Commissioner at the British High Commission, Akinseye-George urged compliance with the judgement.

“As one of the world’s foremost proponents of the rule of law and human rights, the United Kingdom is expected to respect the decision of a competent Nigeria court and comply with its orders,” he said.

According to the law professor, the judgement represented justice for the 21 unarmed miners killed in 1949; recognition of 75 years of pain endured by their families; a reaffirmation that the right to life is inviolable; and a declaration that history does not erase responsibility.

Akinseye-George disclosed that in arriving at a favourable judgement for the plaintiff, Justice Onovo had dismissed objections of the federal government and AGF, which had urged dismissal of the suit on the grounds that sovereign immunity shielded the British authorities; that Nigeria as, a successor state could not assume liability for colonial era violations; that the Nigerian Constitution could not apply retroactively to events of 1949; and that the court lacked jurisdiction.

Haven held that the case of the plaintiff had merit, the judge directed the AGF and relevant Nigerian authorities to formally initiate diplomatic engagement within 60 days, adding that the AGF must submit a detailed compliance report to the court within 90 days.

In the event of the United Kingdom unable to pay the £420 million the Nigerian court ordered a post judgement interest at 10 per cent per annum, until full liquidation of the judgement debt.

Besides, the Nigerian court also ordered the UK authorities to write apology to the families of the coal miners, and publish the same in four Nigerian newspapers and three newspapers in the UK. (This Day)

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