The British government has been urged to promptly comply with the February 5 judgment of the High Court of Enugu State, which orders it, among other things, to pay £420million in compensation to the families of 21 coal miners killed on November 18, 1949, during a protest at the Iva Valley coal mine in Enugu.

The request was made in Abuja on Friday by a team of lawyers representing the victims’ families in the case, led by Professor Yemi Akinseye-George (SAN).

The legal team, while speaking on steps being taken to enforce the judgment, noted that as a major global champion of human rights protection, the British government should have no problem complying with this judgment, meant to redress rights violations.

Prof. Akinseye-George disclosed that all necessary parties in the case have been duly served with certified true copies (CTCs) of the judgment as required, adding that it is now incumbent on the judgment debtors to promptly comply with the court’s decision.

The senior lawyer said the judgment is significant in that it strengthens Nigeria’s commitment to human rights because it reinforces the supremacy of the Constitution, Nigeria’s obligation under international law, and the duty of government to protect the dignity and rights of citizens, past and present.

He said the judgment is historic because it affirms that egregious colonial-era atrocities are justiciable and that justice is not extinguished by time.

Prof. Akinseye-George added that the historic nature of the judgment is reflected in the decision of the court to reject the notion that grave historical violations are beyond judicial scrutiny simply because they occurred before independence.

On steps being explored by the judgment creditors to enforce the judgment, Prof. Akinseye-George said, going forward, “we have served the certified true copy of the full judgment on the respondents.

“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 orders,” he said.

Prof. Akinseye-George noted that the judgment represents justice for 21 unarmed miners killed in 1949 and serves as a recognition of 75 years of pain endured by their families.

He added that the judgment is a reaffirmation that the right to life is inviolable and a declaration that history does not erase responsibility.

Prof. Akinseye-George added, “The court of law has spoken. Justice has been declared. We now call for compliance.”

The suit before the High Court of Enugu State, marked: E/909/2024, filed for the killed miners by a human rights activist Mazi Greg N. Onoh, had as respondents – Secretary of State for Foreign Commonwealth & Development Affairs; the British Government; the Federal Government of Nigeria; the Attorney-General of the Federation; the Head of the Commonwealth and the Government of the United Kingdom.

In the February 5 judgment, Justice A.O. Onovo of the High Court of Enugu State, among others, 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.

Justice Onovo added, “These defenseless coal miners were asking for improved work conditions; they were not embarking on any violent action against the authorities, but were shot and killed.”

The judge declared that 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

He added that the Federal Government of Nigeria, as successor state, bears a continuing obligation to pursue redress, effective remedy, and reparations, and that the AGF has a constitutional duty to enforce and uphold these rights.

The judge further declared that the failure of successive Nigerian governments to pursue diplomatic and legal redress constitutes a continuing dereliction of constitutional duty

He specifically held that “the 1st, 2nd, 5th and 6th respondents (Secretary of State for Foreign Commonwealth & Development Affairs, the British Government, the Head of the Commonwealth and the Government of the United Kingdom) 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 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 ordered the AGF and relevant Nigerian authorities to formally initiate diplomatic engagement within 60 days in respect of the judgment and submit a detailed compliance report to the court within 90 days.

Source; The Nation News