Seventy-six years after the brutal killing of 21 coal miners in Enugu by their British employers, families of the deceased have taken legal action, seeking justice and compensation for the atrocities committed against them.
The suit, filed at the Enugu State High Court, names the Foreign, Commonwealth & Development Office (FCDO), the British Government, the Federal Government of Nigeria, the Attorney General of the Federation and Minister of Justice, and the Head of the Commonwealth as respondents.
The 21 unarmed coal miners were killed in 1949 at the Iva Valley Coal Mine after British Superintendent of Police F.S. Philip allegedly ordered officers—both British and Nigerian—to open fire on them for protesting poor working conditions.
Mazi Greg Nwachukwu Onoh, acting on behalf of the families and dependents of the slain miners, instituted the case based on the court’s approval under the Fundamental Rights Enforcement Procedure Rules 2009.
The plaintiff argued that the colonial police’s use of deadly force against peaceful, unarmed miners was a severe violation of their right to life under both domestic and international laws in place at the time.
He further described the killings as “an egregious act of state-sanctioned murder, extrajudicial killing, and a flagrant abuse of human rights.”
According to him, the massacre was not only unlawful but also a disproportionate response to a legitimate industrial action.
He maintained that the use of state force to silence labour grievances constituted torture and inhuman treatment, which was prohibited by British colonial laws at the time.
The families, in suit No. E/909/2024 before Justice O.O. Onovo, are demanding:
- A formal acknowledgment of liability by the respondents for the unlawful execution of the 21 coal miners.
- An official apology from the British Government for the extrajudicial killings.
- Comprehensive compensation for the families and dependents of the deceased miners.
- A judicial declaration that the massacre was a gross violation of the right to life and an abuse of state power.
- A binding order compelling the Attorney General of the Federation and Minister of Justice to engage diplomatically with the British Government to secure justice, in line with the Magna Carta 1215 and the Universal Declaration of Human Rights (1948).
When the case came up in court on Thursday, it was observed that none of the respondents had filed a response.
Consequently, the Counsel to the Federal Government requested more time to prepare their defense.
Justice Onovo adjourned the matter to April 15, 2025, for a definitive hearing.
Speaking to reporters, Counsel to the Applicants, Professor Yemi Akinseye-George (SAN), described the case as a landmark legal battle aimed at holding both the British Government and Nigerian authorities accountable for their failure to deliver justice for one of the worst massacres in colonial African history.
“The outcome will be a defining precedent in post-colonial justice, state liability for extrajudicial killings, and the enforcement of fundamental human rights violations,” he said.
When asked why it had taken so long for the families to seek justice, he noted that they may not have been properly advised or ready to pursue legal action earlier.
“It is not about how long but how well. When it comes to the right to life, there is no prescription time.
“Unfortunately, maybe the families were not well advised or aware of their rights, and I also understand that efforts were made at a point, but they were abandoned along the line. But now, some persuasive advocates have decided that it is about time to remedy this injustice.
“I think the time has come for the British and Federal Governments of Nigeria and all who are on the side of humanity to respond to the cry for remediation of the families and relations of these deceased miners. That is why we are in court,” he said.
He emphasized the sacredness of human life, insisting that no authority has the right to take it without due process of law.
