The Rule of Law and Accountability Advocacy Centre (RULAAC) has called for an independent investigation into the death of suspected miners following their arrest and detention by the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
Executive Director, (RULAAC), Okechukwu Nwanguma on Friday said that while reports differ on the precise number of fatalities, the NSCDC has confirmed that deaths occurred among persons taken into its custody.
“Media reports have also cited a survivor alleging that dozens of detainees were confined in an overcrowded and poorly ventilated cell and that detainees struggled to breathe and called for help,” he said, adding that, “these allegations are extremely grave and must be subjected to an immediate, independent and transparent investigation.”
According to him, the question of whether those arrested were engaged in illegal mining is entirely separate from the State’s obligation to protect their lives and dignity while in custody. Persons arrested on suspicion of committing an offence remain presumed innocent until proved guilty according to law. Arrest does not extinguish the rights to life, dignity, humane treatment, medical care and due process.
He said that once individuals are deprived of their liberty, the detaining authority assumes a heightened duty of care because detainees are substantially dependent on the State for their safety, medical needs and basic conditions of survival.
“It is therefore insufficient merely to announce that the detainees may have died from illness or disease. Any such explanation must be established by credible medical and forensic evidence.”
He said that he critical questions requiring answers include:
1. How many persons were arrested, and how many have died?
2. What was the authorised capacity of the detention facility, and how many persons were confined in the affected cell?
3. What were the ventilation, sanitation and general conditions of the cell?
4. Were detainees medically screened upon admission into custody?
5. When did the first signs of illness or physical distress become apparent?
6. Did detainees call or bang on the cell door for assistance, as has been alleged, and how did officers on duty respond?
7. When was medical assistance sought, and what treatment was provided?
8. What do the custody registers, duty rosters, incident records and any available CCTV footage show?
9. What were the precise causes, manner and approximate times of the deaths?
10. Were the families of the deceased promptly informed, and are survivors and families being given access to lawyers and independent investigators?
“RULAAC welcomes the reported decision of the NSCDC authorities to investigate the incident. However, an internal investigation by the institution under whose custody the deaths occurred cannot, by itself, satisfy the requirements of independence, public confidence and accountability.
“We therefore call on the Federal Government to ensure an independent investigation involving the National Human Rights Commission and other appropriate authorities outside the NSCDC chain of command.
“There should also be independent forensic post-mortem examinations on the deceased, with appropriate laboratory and toxicological investigations where necessary. Families should be properly notified and allowed reasonable access to information concerning the examinations.
“All relevant evidence – including CCTV recordings where available, custody registers, arrest records, duty rosters, medical records, communication logs and incident reports – must immediately be secured against loss, alteration or destruction. Survivors should be interviewed confidentially and protected from intimidation or retaliation.
“The reported circumstances also raise broader questions about the use of detention facilities during mass arrest operations. Security and law-enforcement agencies must not arrest numbers of people that exceed their capacity to provide safe, adequately ventilated and humane detention conditions.
“Nigeria undoubtedly faces a serious challenge from illegal mining, including its economic, environmental and security consequences. The government is entitled to enforce the law against illegal mining. But law enforcement must itself remain within the law.
“No allegation of illegal mining can justify torture, inhuman or degrading treatment, dangerous detention conditions or neglect of persons experiencing medical distress.
“”Where citizens are taken alive into the custody of the State and subsequently die in significant numbers, the State owes their families and the Nigerian public a credible and independently verifiable account of what happened.
“RULAAC therefore calls for full disclosure of the verified number and identities of those who died, proper accounting for all survivors, independent investigation and autopsies, protection of witnesses, and prosecution or disciplinary action against any person found responsible through a credible investigation.
“Where negligence, unlawful conduct or other official failure is established, the families of the victims must also have access to effective remedies, including appropriate compensation.
“This tragedy must not be reduced to competing official and media narratives. The facts must be established.
“The dead deserve the truth. Their families deserve answers. And the public deserves assurance that persons taken into the custody of the State will not disappear behind detention walls and emerge dead without accountability.”
