• Don’t give us money, Adeyanju, panel member, tells govt

The death of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State has opened a difficult test of the Federal Government’s promise to hold public officials accountable when people die under state custody.

What began as an NSCDC operation against suspected illegal mining has rapidly become a major test of the government’s handling of custodial deaths, with President Bola Tinubu ordering a full and transparent investigation. At the same time, the Minister of Interior, Olubunmi Tunji-Ojo, suspended the Niger State Commandant and other officers connected with the detention facility.

The independent committee constituted to investigate the tragedy will be inaugurated today, according to an invitation sent by its Secretary, Prof. Isa Hayatu Chiroma, a Senior Advocate of Nigeria (SAN), to committee members.

The committee scribe said the inauguration would take place by noon at the Minister’s Conference Room, Old Federal Secretariat Area 1, Garki, FCT, Abuja.

The victims were arrested during enforcement operations by the NSCDC against illegal mining in the M.I. Wushishi and Lukoto axis on September 15 and 16, and were found dead on September 17.

In his statement, Tunji-Ojo described the incident as deeply disturbing and said the Federal Government owes the families and the public a transparent account.

The 10-member committee is chaired by retired Deputy Director-General of the Department of State Services (DSS), Jonathan Kure, with Prof. Chiroma as Secretary.

According to the minister, the committee is mandated to establish the identities of the deceased, examine the circumstances of their arrest and detention, determine the cause and circumstances of their deaths, and establish responsibility, complicity, negligence or misconduct.

It is also to recommend appropriate action, including compensation where applicable, and measures to prevent a recurrence.
The committee has two weeks to submit its report.

Meanwhile, the Niger State Police Command has taken over the scene of the tragedy and commenced an investigation into the incident.

The probe follows a directive by the Inspector-General of Police (IGP), Olatunji Disu, to establish the circumstances surrounding the deaths and ensure accountability, transparency and respect for the constitutional rights of the deceased.

The Commissioner of Police, Niger State Command, CP Adamu Elleman, directed Operation Flush patrol teams to secure and cordon off the scene.

The Deputy Commissioner of Police in charge of the State Criminal Investigation Department (SCID), Minna, also commenced preliminary forensic investigations to establish the facts and circumstances surrounding the incident.

The Police Command said the investigation would be conducted professionally and diligently, with all relevant facts surrounding the deaths thoroughly examined.

Elleman assured the bereaved families, as well as members of the public, that the command would pursue the investigation in accordance with the law and due process.

NSCDC on Sunday paraded its suspended Niger State Commandant, SuberuAniviye, and other officers linked to the deaths at the NSCDC National Headquarters in Sauka, Abuja, as the Corps’ National Public Relations Officer, Assistant Commandant Babawale Afolabi, briefed journalists on its preliminary findings.

For the Federal Government, therefore, the issue has moved beyond explaining how 37 people died. The more consequential question is whether the investigation will establish responsibility and, where the evidence supports it, lead to criminal prosecution.

President Tinubu, in ordering the investigation, drew a clear distinction between the government’s duty to enforce the law and its obligation to obey the law while doing so.

The President said the fact that the detainees were suspected of illegal mining did not remove their rights to life, dignity and humane treatment while in government custody.

He directed that the investigation should cover the circumstances of their arrests, their condition when taken into custody, the conditions in which they were detained, the number of people held in the facility, medical attention provided and the events leading to their deaths.

More significantly, Tinubu said suspension of officers should not substitute for a determination of criminal responsibility where evidence warrants prosecution.

The composition gives the probe panel representation across security, medicine, law, government, traditional institutions, mining, civil society, media and public affairs.

Human rights activist, Deji Adeyanju, who is among the panel, said he accepted the responsibility solely to protect the interests of the victims and ensure that the truth is established, advising the Federal Government against providing money for the committee.

“I urge the government not to make any monetary provision, stipend or honorarium for members of the committee, as this is a national duty for which we should be prepared to sacrifice.

“I will not accept any such payment, and I will not participate in or tolerate any attempt to compromise the investigation or cover up wrongdoing. I undertake to take care of my hotel, transportation and other expenses myself,” he pledged, adding that if there is any attempt to shield those responsible or suppress the truth, he would expose it.

“The victims deserve justice, and the Nigerian factor as we know it must not be allowed to prevail,” he said.

The government’s commitment to accountability has also drawn scrutiny from lawyers and human rights advocates who want the investigation to go beyond official explanations.

An Abuja-based constitutional lawyer and human rights activist, Okueyelegbe Maliki, said the panel must be genuinely independent and have unhindered access to detention, medical and other relevant records.

He said the investigation should establish the condition of the cell, the number of detainees, the medical care provided and the events immediately preceding the deaths.

Maliki also called for preservation and proper examination of available forensic and medical evidence, notwithstanding reports that the bodies had already been buried.

Similarly, Aloy Ejimakor urged the Federal Government to ensure that the investigation did not become another “paper probe.”

Ejimakor called for the publication of autopsy, pathological and toxicological findings and urged the committee to comply strictly with its two-week deadline.

Also, human rights lawyer, Bayo Akinlade, is insisting that those involved in the incident should be handed over to the police for immediate investigation and prosecution.

Akinlade, a former chairman of the Nigerian Bar Association (NBA), Ikorodu branch, said those responsible for the deaths should face prosecution for murder or manslaughter, depending on the findings of the investigation.

The NBA said it would take its constitutional and institutional watchdog role seriously.

In a statement endorsed by its national president, Oyinkansola Badejo-Okusanya (SAN), the body said it constituted a team headed by a respected SAN resident in Minna, Jonathan Gunu Taidi.

“He will lead a team of members of the NBA Minna Branch to commiserate and engage with the families of the deceased, engage with the surviving detainees and their families and, as far as possible, independently establish the circumstances surrounding their arrest, detention and deaths.”

The tragedy has introduced a second dimension to the Federal Government’s campaign against illegal mining.

The government has maintained that its crackdown on illegal mining will continue, citing the need to protect the country’s natural resources and address activities linked to wider security and economic concerns.

But the President’s position is that enforcement cannot operate outside the law.

“While the Federal Government would continue to combat illegal mining and other criminal activities across the country, enforcement operations must be conducted strictly within the law and with full respect for the dignity and fundamental rights of every person in custody,” Tinubu said.