The Nigerian Bar Association has expressed grave concern over the deaths of 37 persons who were being held in the custody of the Nigeria Security and Civil Defence Corps in Minna, Niger State, calling for a thorough, independent, transparent, and credible investigation into the circumstances surrounding the tragedy.
In a statement by the NBA President, Mrs. Oyinkansola Badejo-Okusanya, SAN, FCIArb, the Association extended condolences to the families of the deceased, the people, and the government of Niger State, while wishing survivors of the incident a full recovery.
The deceased had reportedly been arrested on suspicion of illegal mining before their deaths while in NSCDC custody.
The NBA President stressed that irrespective of the circumstances surrounding their arrests, the deceased entered government custody alive and were entitled to the protection of the law, preservation of their lives and respect for their human dignity.
“Thirty-seven lives have been lost. Thirty-seven families are grieving,” she stated.
The Association said it deliberately avoided making an immediate pronouncement on what caused the deaths, explaining that an organisation committed to defending the rule of law should not arrive at conclusions ahead of available evidence.
However, Badejo-Okusanya warned that such restraint should not be mistaken for indifference.
She described the deaths of 37 persons in the custody of a government agency as an incident of the “utmost gravity” requiring a credible investigation.
NBA ACKNOWLEDGES GOVERNMENT RESPONSE
The NBA acknowledged steps already taken by government authorities following the incident.
These include the suspension of the Niger State Commandant of the NSCDC and the summoning of relevant senior officers, investigative measures initiated by the NSCDC and Niger State Government, intervention by the Nigeria Police Force and Federal Ministry of Solid Minerals Development, as well as the involvement of the Minister of Interior.
The Association also welcomed the directive by the President of the Federal Republic of Nigeria for a full and transparent investigation and for anyone found responsible through abuse, negligence or dereliction of duty to be held accountable.
However, the NBA President maintained that the ultimate measure of government’s response would not simply be how quickly investigations were announced, but their independence, thoroughness and transparency, as well as the accountability arising from their findings.
Among the questions the NBA wants investigators to answer are the actual circumstances surrounding the deaths, conditions inside the detention facility, its lawful capacity, the number of persons detained, availability of medical attention and the scientific cause of death.
Niger State Governor Mohammed Umaru Bago has separately confirmed that 37 persons died in NSCDC custody and said forensic examinations, medical examinations and autopsies were being undertaken to determine the cause.
“A SUSPECT IS NOT A CONVICT”
The NBA President used the incident to draw attention to what she described as a wider problem in the treatment of suspects by law enforcement and security institutions.
She stressed that the constitutional presumption of innocence applies equally to the rich and poor, powerful and powerless.
“A suspect is not a convict, whether rich or poor, powerful or powerless,” she stated.
The NBA also expressed concern over accounts suggesting that some detainees cried for assistance while struggling to breathe, insisting that investigators must establish what happened and how officials responded.
According to the Association, the power to arrest and detain imposes a heightened responsibility on the State because persons in custody cannot simply walk away from danger.
“A person gasping for breath is not, at that moment, an ‘illegal miner’, an accused person or a case file.
“That person is a human being in distress, and the first duty must be to save that life,” the President stated.
The NBA said the tragedy should therefore provoke a broader examination of custodial treatment across Nigeria’s security and law-enforcement institutions.
NBA RAISES CONCERN OVER CHILDREN IN CUSTODY
The Association also expressed serious concern over reports and video evidence suggesting that children were among those detained and possibly among the deceased.
It called for the identities and ages of every person arrested and every deceased detainee to be formally established.
The NBA said the development raises an additional legal dimension because children in conflict with the law are entitled to special protections.
The Association further questioned why children were allegedly present at illegal mining locations and whether some could themselves have been victims of exploitation.
According to the statement, where children were being used for mining labour, investigations should establish who placed them at the sites, who controlled the mining operations and who benefited financially from their labour.
“A child found working at an illegal mining site may him or herself be a victim requiring the protection of the State, rather than simply an offender from whom the State requires protection,” the NBA President said.
WHO PROFITS FROM ILLEGAL MINING?
The NBA also called on investigators to look beyond persons carrying out physical labour at illegal mining sites.
While supporting lawful enforcement of Nigeria’s mining laws, the Association said authorities must establish who owns, finances, controls and profits from illegal mining operations.
It warned against a system in which vulnerable labourers become the easiest persons to arrest while those controlling and benefiting from illicit operations escape scrutiny.
The NBA therefore urged investigators to pursue every person found within the chain of responsibility without fear or favour.
NBA CONSTITUTES INDEPENDENT MONITORING TEAM
The Nigerian Bar Association said it would not remain a spectator as investigations into the deaths proceed.
According to the statement, the Association has constituted a team headed by former NBA General Secretary and Senior Advocate of Nigeria, Mr. Jonathan Gunu Taidi, SAN.
The team, comprising members of the NBA Minna Branch, is expected to engage with families of the deceased and surviving detainees, independently examine circumstances surrounding the arrests, detention and deaths, engage relevant authorities and monitor ongoing investigations.
The NBA also demanded preservation of relevant evidence, proper forensic and medical investigations, protection of surviving detainees and witnesses from intimidation, and public disclosure of investigative findings to the fullest extent permitted by law.
Where evidence establishes criminal or other legal responsibility, the Association said everyone responsible must face the law regardless of rank or office.
“And when that process reaches the courts, the Nigerian Bar Association will be there,” Badejo-Okusanya stated.
The NBA appealed for calm while investigations continue, warning that violence and destruction would neither restore the lives already lost nor advance the search for justice.
It nevertheless insisted that the death of 37 Nigerians after entering government custody demands answers founded on evidence and a process capable of commanding public confidence.
The Association pledged to continue monitoring the matter and to insist on truth, accountability, the preservation of human dignity and protection of the lives of all persons placed in State custody.
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Nigerian Bar Association — Official Statement
Read the official NBA statement
