Prof. Yemi Akinseye-George, SAN, has called on the UK Government to comply to the judgment of the Enugu State High Court concerning the 1949 Iva Valley Massacre
George made the call on Friday while addressing a news conference in Abuja.
Freedomonline reports on Feb. 5, the High Court of Enugu State, presided over by Justice A.O. Onovo, delivered an 80-paged landmark judgment on the matter.
The judgment was on the killing of 21 unarmed coal miners at the Iva Valley Coal Mine, Enugu, on November 18 1949.
According to Akinseye-George case was brought by Mazi Onoh, a human rights activist on behalf of the families and dependants of the deceased miners.
The respondents in the matter are;
Secretary of State for Foreign Commonwealth & Development Affairs British Government
(Represented in Nigeria by the British High Commissioner and Foreign Commonwealth & Development Office).
Others are Federal Government of Nigeria , Attorney-General o f the Federation, Head o f the Commonwealth Government of the United Kingdom
(Represented i n Nigeria b y the British High Commissioner and Foreign Commonwealth & Development Office).
The court in its judgment established that, Nov. 18,1949, coal miners in Enugu were engaged in a protest arising from poor working conditions, wage disputes, and discriminatory labour practices.
” Colonial police officers, acting under the authority of the British colonial administration, opened fire on the unarmed miners.
” Twenty-one miners were shot and killed.
At the time, Nigeria was not an independent sovereign state” he said.
The territory was according to the SAN administered as a British colony and the coal mines were operated for commercial extraction and export under colonial control and victims were British colonial subjects.
He noted that the Court observed that no effective judicial inquiry, criminal accountability, compensation, apology, or redress followed the massacre.
” For over 75 years, the families of the victims lived without justice.
” This judgment marks the first formal judicial determination within Nigeria addressing the massacre and its legal consequences” he said.
The SAN noted that the Court made some determinations, that Sovereign Immunity was not Absolute.
” The Court relied on both Nigerian and comparative jurisprudence and concluded that serious allegations of grave human rights violations cannot be summarily dismissed on technical immunity grounds.
He noted that the case raises serious questions of unlawful deprivation of Life and the court found that serious issues requiring adjudication were raised by the applicant
The Court affirmed that: Section 46 of the 1999 Constitution grants jurisdiction to High Courts to determine applications for enforcement of fundamental rights.
It made specific and enforceable orders, including: Monetary Compensation, written apologies in many Nigeria National papers and British newspapers.
” An order is hereby made awarding general damages against the 1st, 2nd, 5th and 6th Respondents jointly and severally i n the sum of £20,000,000 (Twenty Million British Pounds Sterling) in respect of each of the twenty-one (21) victims.
” The Respondents are severally and jointly liable for the breach and violation of the right to life of the 21 victims of the Iva Valley massacre .
” The killings were unlawful, unconstitutional, unwarranted, unjustified, cruel, and contrary to established legal protections” Court held.
This judgment according to the learned silk, therefore, does not merely examine history , it affirms present-day constitutional obligations.
The court ordered that the Attorney-General of the Federation and relevant Nigerian authorities should formally initiate diplomatic engagement within 60 days.
In addition submit a detailed compliance report to the Court within 90 days.
This according to the SAN ensures that enforcement moves beyond symbolic declarations into concrete diplomatic action
Going Forward, he said ‘they have served the Certified True Copy of the full judgment on the respondents.’
In addition, we have written formally to the Federal Government of Nigeria through the Honourable Attorney-General of the Federation.
” We have also formally notified the British Government through the office of His Excellency, the High Commissioner at the British High Commission and demanded compliance with the judgment.
” 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 Nigerian court and comply with its order” he said.
The learned silk noted that, this judgment represents, Justice for 21 unarmed miners killed in 1949, recognised 75 years of pain endured by their families.
” A reaffirmation that the right to life is inviolable.A declaration that history does not erase responsibility.
“The Court of law has spoken. Justice has been declared. We now call for compliance”
