The Nigerian Bar Association (NBA) has constituted a team to independently investigate the deaths of 37 people who were arrested on suspicion of illegal mining and died while in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State.
The NBA said the team will be led by Senior Advocate of Nigeria and former NBA General Secretary, Jonathan Gunu Taidi, SAN.
The team will engage with the families of the deceased, surviving detainees and their relatives, as well as relevant government authorities, while monitoring the investigations already being conducted into the incident. (Nigerian Bar Blog)
The deaths were reported on September 17, after the detainees were arrested over alleged illegal mining activities. Niger State Governor Umar Bago later confirmed that 37 people had died in NSCDC custody. The government has said forensic and medical examinations are being conducted to establish the cause of death. (Channels Television)
The NBA said the circumstances surrounding the deaths require a thorough, independent and transparent investigation.
“The death of 37 persons while in the custody of a government agency is an event of the utmost gravity and demands a thorough, independent, transparent and credible investigation,” the association said.
The association said it had deliberately avoided reaching conclusions about the cause of the deaths before evidence becomes available.
“The NBA deliberately refrained from making an immediate pronouncement on the cause or circumstances of these deaths. At a time of understandable grief, anger and speculation, we considered it important that the Association charged with defending the rule of law should not itself reach conclusions ahead of the evidence,” it said.
NBA raises questions over detention conditions
The association said investigators must establish how 37 people died within such a short period while in custody and examine the conditions under which the detainees were held.
It also wants authorities to determine how many people were confined in the facility, its lawful capacity, the medical care available to detainees and what happened after some detainees reportedly showed signs of distress.
The NBA said reports from survivors alleging overcrowding, poor ventilation and inadequate treatment should neither be ignored nor accepted as established facts without investigation.
The association also questioned reports that some detainees cried out for help while struggling to breathe.
“The investigation must therefore establish who heard those cries, what they knew, what they did, and when they did it,” the NBA said.
NBA stresses presumption of innocence
The association also used the incident to highlight concerns about the treatment of suspects in Nigeria’s law-enforcement system.
It stressed that being arrested does not mean a person has been convicted of an offence.
“A suspect is not a convict, whether rich or poor, powerful or powerless,” the NBA said.
According to the association, the presumption of innocence should apply to every person from the moment the state takes away their liberty.
The NBA said the incident should prompt a wider review of custodial practices across Nigeria’s security and law-enforcement institutions.
Children reportedly among detainees
The association also raised concerns over reports that children may have been among those arrested and among the deceased.
It called for authorities to establish the identities and ages of all those arrested and determine whether appropriate legal safeguards for children were followed.
The NBA further questioned the circumstances that led children to mining sites and said authorities should investigate whether they were victims of exploitation rather than simply treating them as offenders.
NBA calls for investigation of mining operators
Beyond the deaths in custody, the association called for a wider investigation into the illegal mining operations connected to the detainees.
It said enforcement should not focus only on people carrying out physical labour at mining sites.
“We therefore urge the relevant authorities, as part of the wider investigation, to establish the ownership and control of the mining operations concerned and, where offences are disclosed, to pursue every person in the chain of responsibility without fear or favour,” the NBA said.
The association noted that illegal mining remains a major national concern, but argued that investigations should also identify those who own, finance, control or profit from illegal mining activities.
Government launches separate investigation
The Federal Government has also established a 10-member independent committee to investigate the deaths.
Interior Minister Olubunmi Tunji-Ojo said the committee would establish the identities of the deceased and investigate their arrest, detention and the cause and circumstances of their deaths.
The government has also suspended the Niger State NSCDC Commandant and 20 other officers pending the outcome of the investigation. The committee has two weeks to complete its work and submit its report. (Ministry of Interior)
The NBA said it would continue monitoring the investigations and independently engage with families, survivors and relevant authorities.
“The Nigerian Bar Association will take its constitutional and institutional watchdog role seriously,” the association said.
