Iva Valley 1949: Court judgement not enforceable – Onoh
By Emma Nnadozie, Crime Editor
The Chairman of the Forum of Former Members of the Enugu State House of Assembly and Former Southeast Spokesman to President Bola Tinubu, Denge Josef Onoh, has stated that the judgment of the Enugu State High Court concerning the 1949 Iva Valley Massacre is not enforceable or binding on the United Kingdom government.
In a statement yesterday, Onoh stated that a Nigerian court, including a State High Court, lacks jurisdiction to entertain claims against a foreign sovereign state such as the United Kingdom unless that state has expressly submitted to the court’s jurisdiction or waived its immunity.
He made it clear that the United Kingdom did not participate in the proceedings, did not enter appearance, and did not consent to the exercise of jurisdiction.
Consequently, according to him, the court lacked international competence over the defendant.
Onoh pointed out that the doctrine of sovereign (or state) immunity, which is a fundamental principle of customary international law, protects foreign states from the jurisdiction of domestic courts of another country in respect of official acts (acta jure imperii), including those carried out during colonial administration.
He stated that such immunity is widely recognised and applied globally, including in the United Kingdom under the State Immunity Act 1978 and in Nigeria through common law and international norms.
“For any foreign judgment to be recognized or enforced in the United Kingdom, the issuing court must have had proper international jurisdiction over the defendant. A judgment obtained in breach of sovereign immunity would be regarded as a nullity by UK courts and would not be enforceable under private international law rules or any reciprocal enforcement regime.”
He said that the events of 1949 occurred under colonial rule when Nigeria was not a sovereign entity,
post-independence, hence, such historical grievances are best addressed through diplomatic channels, bilateral negotiations, international human rights mechanisms, or proceedings instituted directly in the courts of the responsible state (as seen in other colonial-era claims).
He further said that court orders against foreign sovereigns do not create binding legal obligations.
“The judgment, though symbolically powerful and reflective of our collective resolve to seek justice for historical wrongs, remains unenforceable against the United Kingdom in practical and legal terms. It does not impose any enforceable obligation on the UK Government to pay compensation or issue an apology.
“I urged all stakeholders to appreciate the moral weight of this matter while being guided by the realities of international law. True redress for the Iva Valley victims and their descendants may be more effectively pursued through sustained diplomatic advocacy, historical acknowledgement and constructive engagement at the highest levels between the Governments of Nigeria and the United Kingdom,” he said.
Onoh further noted that he remained committed to supporting efforts that promote justice, historical accountability, and the dignity of Nigerians.
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