By Ikeugonna Eleke
Famous human rights lawyer, Professor Yemi Akinseyi-George, SAN, has said the killing of coal miners in Enugu in 1949 amounted to a breach of their right to life.
Akinseyi-George, who appeared with P.N Agazie, ESQ., stated this at Enugu High Court, February, 13, during a hearing on the matter with suit No: E/909/2024, said: ‘We are seeking for the enforcement of the fundamental rights to Life of the miners as preserved by extant laws applicable to British-Colonial Nigeria and Nigeria as of today.’
Families of the slain miners, led by Mazi Greg Nwachukwu Onoh, had dragged the British Government to court over the execution of the miners in 1949.
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.
Onoh, in the suit, said: ‘The deliberate and excessive use of lethal force by colonial police against unarmed and defenceless miners, who were lawfully demanding fair wages from their British employers, constituted grave violation of their rights to life as guaranteed under both domestic and international law applicable at the time.’
During the court hearing, the applicant, through their lawyers, Prof. Yemi Akinseye-George, SAN; and P.N. Agazie Esq., argued that the indiscriminate execution of those miners amounted to an egregious act of state-sanctioned murder, extrajudicial killing, and a flagrant abuse of human rights without legal or moral justification.
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 High Court of Enugu had on 12th November, 2024, granted leave to the applicant to proceed with the enforcement of the fundamental rights of the deceased victims.
The court also authorized substituted service of the originating processes on the respondents, after which the substantive application was adjourned to 13th February, 2025 for hearing.
At the resumed hearing on 13th February, 2025, the presiding judge, Justice A.O. Onovo, after listening to the prayers and application for adjournment made by the counsel to the 3rd and 4th Respondents, (Federal Government of Nigeria and Attorney-General of the Federation), Mrs. N.R Chude, that based on the seriousness of the matter they should be allowed more time to file a rejoinder, a request which was not countered by the lead counsel to applicant, Prof. Yemi Akinseye-George, SAN.
The court granted adjournment at the behest of the 3rd and 4th respondents, stating that definite hearing of the case would be on 15th April, 2025.
