Families who lost their loved ones in the November 18th 1949 massacre of coal miners in Iva Valley, Enugu by the British Colonial Government have sued the federal government, the British Government and the Head of the Commonwealth, demanding compensation.
In a suit, NO: E/909/2024, instituted at Enugu High Court on their behalf, by Mazi Greg Nwachukwu Onoh, the families contended that “the deliberate and excessive use of lethal force by colonial police against unarmed and defenseless miners, who were lawfully demanding fair wages from their British employers, constituted grave violation of their right to life as guaranteed under both domestic and international law applicable at the time”.
Joined in the suit are the Commonwealth & Development Office (FCDO), United Kingdom, British Government, Federal Government of Nigeria, the Attorney General of the Federation and Minister of Justice; and Head of the Commonwealth.
The plaintiffs, through their lawyer, Prof. Yemi Akinseye-George, SAN, also argued that “the indiscriminate execution of these miners amounts to an egregious act of state-sanctioned murder, extrajudicial killing, and a flagrant abuse of human rights.”
They are demanding an unequivocal acknowledgment of liability by the respondents for the wrongful and unlawful execution of the 21 coal miners; a formal apology from the British Government for the extrajudicial killings, comprehensive compensation for the families and dependents of the deceased miners for the irreversible loss inflicted by the British colonial administration.
The presiding judge, Justice A.O. Onovo moved the hearing of the case to April 15th after listening to the prayers made by the lead counsel of the 4th respondent, (federal government), Mrs. N.R Chude, that based on the importance of the matter they should be allowed to file a rejoinder, a request which was not countered by the lead counsel to plaintiff, Prof. Akinseye-George.
The High Court of Enugu had on 12th November 2024, granted leave to the applicants to proceed with the enforcement of the fundamental rights of the deceased victims.
The Court also authorized service of the originating processes on the respondents, after which the substantive application was called up for hearing.
In November 1949, a labour union dispute was raised by the Nigeria Africa Mineworkers Union at the British-owned Enugu Colliery, which had coal mines in places such as Obwetti, Udi and Iva Valley, over unfair dismissals, wages and poor working conditions.
The miners protested, and markets and shops were closed in neighbouring towns and villages as local women joined them.
But when police opened fire on the protesters and their supporters at the Iva Valley coal mine, 20 coal miners and one bystander were killed. Many others were injured.
The following month, the colonial government published a notice inviting members of the public to the Enugu Commission of Enquiry for “any persons who desire to give evidence”.
According to The Nigerian Citizen newspaper, which published proceedings from the enquiry, which began on December 12, 1949, among several of the testimonies it heard was that of Mr FR Kay. Kay was a senior British colonial administrator in Owerri Province, in the mid-west of Nigeria.
