The Nigerian Bar Association (NBA) has demanded a thorough, independent and transparent investigation into the deaths of 37 persons detained by the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State.
NBA President, Oyinkansola Badejo-Okusanya, SAN, made the demand in a statement on Saturday, following reports that the detainees, arrested on suspicion of illegal mining, died while in NSCDC custody.
This will be the first major interventions by the new NBA President on a national security and human rights matter since she assumed office early September.
The association said the deaths represented a grave incident requiring answers, noting that the victims entered government custody alive and were entitled to the protection of the law and preservation of their lives and human dignity.
The NBA said it deliberately refrained from immediately commenting on the cause of the deaths to avoid reaching conclusions ahead of evidence.
It, however, said the restraint should not be mistaken for indifference, stressing that the circumstances surrounding the deaths must be independently investigated.
The association acknowledged the steps already taken by government, including the suspension of the Niger State Commandant of the NSCDC, summoning of senior officers, investigations initiated by the NSCDC and Niger State Government, and interventions by the Nigeria Police Force and Federal Ministry of Solid Minerals Development.
It welcomed the intervention of the Interior Minister and President Bola Tinubu’s directive for a full and transparent investigation.
The NBA said the investigation must establish how 37 people died within a short period while in custody, the conditions under which they were detained, the number of detainees and lawful capacity of the facility, medical attention available to them and what happened after some detainees reportedly began showing signs of distress.
The NBA president said: “The promptness and seriousness of these initial steps are commendable. We particularly welcome the President’s unequivocal affirmation that no Nigerian should lose his or her life in government custody as a result of negligence, abuse, inhumane treatment or dereliction of duty.
“But the true measure of the response will ultimately not be the speed with which investigations are announced, but rather the independence and thoroughness with which they are conducted, the transparency with which their findings are made known, and the accountability that follows from those findings.
“Difficult questions must be answered.
How did 37 persons die within such a short period while in custody? What were the conditions in which they were detained? How many persons were confined in the facility, and what was its lawful capacity? What medical attention was available to them? What happened when detainees reportedly began showing signs of distress and crying out for help? What is the scientific cause of death?”
On the status of the deceased, the NBA stressed that the victims were suspects and had not been convicted of any offence.
“A suspect is not a convict, whether rich or poor, powerful or powerless,” the association said, adding that the presumption of innocence must guide the treatment of every person from the moment the state takes away his or her liberty.
The NBA said reports that some detainees cried for help while struggling to breathe were particularly disturbing, urging investigators to establish who heard the cries, what they knew, what action they took and when they took it.
It also raised concerns over reports that children were among those detained and deceased.
The association urged authorities to establish the identity and age of every person arrested and deceased and determine whether safeguards applicable to children were observed.
It called for an investigation into what children were doing at the mining sites, saying children found working at illegal mining sites could themselves be victims requiring state protection.
On illegal mining, the NBA said enforcement should extend beyond workers at mining sites to those who own, finance, control or profit from illegal mining operations.
It urged authorities to establish the ownership and control of the mining operations and prosecute anyone found responsible, irrespective of their position.
The association also announced the constitution of a team headed by a Senior Advocate of Nigeria and former NBA General Secretary, Jonathan Gunu Taidi, to engage the families of the deceased, surviving detainees and relevant authorities and independently establish the circumstances surrounding the arrests, detention and deaths.
The NBA demanded the preservation of evidence, proper forensic and medical investigations, protection of survivors and witnesses, and publication of investigation findings to the fullest extent permitted by law.
It said where evidence establishes criminal or other legal responsibility, those responsible should be brought to justice irrespective of their rank or office.
The association also appealed for calm, saying the deaths demanded answers based on evidence rather than conjecture.
“The fact that 37 Nigerians went into government custody and did not return to their families alive demands answers,” the NBA said.
The association added that it would monitor the investigations and any prosecutions arising from the incident.
