Denge Josef Onoh, former Southeast Spokesman to President Bola Tinubu and Chairman of the Forum of Former Members of the Enugu State House of Assembly, has declared that the Enugu State High Court judgment regarding the 1949 Iva Valley Massacre is not enforceable against the United Kingdom.
In a statement, Onoh explained that Nigerian courts, including State High Courts, lack jurisdiction over foreign sovereign states unless the state has expressly submitted to the court’s authority or waived its immunity.
“The United Kingdom did not participate in the proceedings, did not enter appearance, and did not consent to the exercise of jurisdiction,” Onoh said, adding that the court therefore lacked international competence over the defendant.
He cited the doctrine of sovereign immunity, a core principle of customary international law that protects foreign states from domestic court jurisdiction over official acts (acta jure imperii), including actions taken during colonial administration. This principle, he noted, is recognised globally, including under the UK State Immunity Act 1978 and Nigerian law.
“For any foreign judgment to be recognised or enforced in the United Kingdom, the issuing court must have proper international jurisdiction. A judgment obtained in breach of sovereign immunity would be considered null and void by UK courts,” Onoh said.
Onoh also stressed that the events of 1949 occurred during colonial rule, before Nigeria’s independence, and argued that historical grievances of this nature are best pursued through diplomatic channels, bilateral negotiations, international human rights mechanisms, or courts of the responsible state.
He added that court orders against foreign sovereigns do not create binding legal obligations. “The judgment, though symbolically powerful and reflective of our collective resolve, remains unenforceable against the United Kingdom in practical and legal terms,” he said.
Onoh urged stakeholders to recognise the moral significance of the ruling while being guided by international law realities, suggesting that sustained diplomatic advocacy, historical acknowledgement, and constructive engagement between Nigeria and the UK are more effective avenues for justice.
He concluded by reaffirming his commitment to efforts that promote justice, historical accountability, and the dignity of Nigerians.
