A human rights group, Speak Out for Justice Advocacy (SOJA), has called for an independent investigation into the deaths of dozens of suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
The group said on Friday that being a suspect does not strip a person of the constitutional right to life, dignity and humane treatment.
The detainees were arrested during enforcement operations by the NSCDC’s Niger State Command around the M.I. Wushishi and Lukoto areas on September 15 and 16. Their deaths were reportedly discovered in the early hours of September 17.
The death toll remains unclear, with reports putting it at either 33 or 37. The NSCDC has confirmed deaths in custody but says the cause is yet to be established and that medical and laboratory tests are needed. It has announced an investigation and suggested that a disease outbreak may have been responsible.
In a statement signed by its Founder and Executive Director, Hameed Ajibola Jimoh, SOJA said this uncertainty makes an independent inquiry necessary. It said it was not prejudging whether the deaths resulted from disease, overcrowding, poor ventilation, negligence, torture or something else. Those questions, it said, must be settled by evidence.
The group described a survivor’s account as disturbing. The survivor alleged that detainees were packed into a poorly ventilated cell and struggled to breathe before some of the deaths. SOJA stressed that the claim must also be independently verified.
“Once the State takes a person’s liberty into its custody, the State assumes a heightened responsibility for that person’s life, safety, health, dignity and humane treatment,” the group said.
SOJA noted that the deceased were only suspected of illegal mining and had not been convicted by any court. It said the fight against illegal mining and environmental degradation cannot justify abandoning constitutional safeguards. It cited the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights and the Anti-Torture Act 2017.
It did not describe the deaths as torture or murder, saying such conclusions can only follow a proper establishment of the facts by competent authorities.
Questions investigators must answer
Even if disease is confirmed as the cause, SOJA said, investigators must still determine whether adequate precautions and medical interventions were in place. It listed several questions:
- When were the detainees medically examined, and were symptoms noticed before the deaths?
- Were sick detainees isolated?
- Were the cells adequately ventilated, and were sanitation, water, food and medical care sufficient?
- Did detainees ask for medical help, and was it provided promptly?
- Were public health authorities notified?
- Were surviving detainees and custodial staff exposed to any communicable disease?
Calls for independent oversight
SOJA welcomed the NSCDC Commandant-General’s decision to set up a high-powered investigative team. It insisted, however, that an inquiry by the institution under scrutiny should not be the only mechanism.
It urged the Nigeria Police Force, the National Human Rights Commission (NHRC), medical authorities and prosecutorial bodies to take part within their mandates. It also asked the NHRC to visit the detention facility urgently. It said the Commission’s involvement would boost public confidence, given that the deaths occurred under the control of a state security agency.
“Where evidence suggests criminal conduct, the matter must proceed beyond an administrative report,” the group said.
Other demands
- Independent post-mortem examinations, with medical and forensic evidence preserved and the chain of custody of samples maintained.
- Identification of all the dead, and prompt notification of their families. Families should receive information on the time and place of death, medical findings, post-mortem results and arrangements for releasing remains.
- Preservation of detention registers, CCTV footage where available, medical and admission records, cell inspection reports, duty rosters, incident reports and related communications.
- Immediate medical screening and treatment for surviving detainees, isolation where medically necessary, and better ventilation, sanitation, food and water.
- Access to legal counsel and family communication for the survivors, along with a review of the legality and necessity of each survivor’s continued detention. The group said allegations of illegal mining alone cannot justify prolonged detention.
- Periodic public updates on confirmed deaths, identities, the condition of survivors, medical findings, the scope and composition of the probe, and any criminal proceedings.
- Publication of the final findings and measures to prevent similar deaths in detention.
SOJA said every official connected to the detention and the deaths should be scrutinised, and anyone found culpable should face criminal or disciplinary proceedings. It said accountability should rest on evidence and due process.
“The objective is not to find a scapegoat. The objective is to establish the truth,” it said.
The group said the inquiry must go beyond what killed the detainees to what happened to them after they entered state custody.
“If they died from disease, tell the nation the truth and establish whether their deaths were preventable,” it said. “If they died because of unsafe detention conditions, establish responsibility. If negligence contributed to their deaths, hold those responsible accountable. If criminal conduct occurred, prosecute those responsible in accordance with law.”
It added that if the investigation finds no wrongdoing, that conclusion should also be made public.
The incident comes amid intensified government efforts to curb illegal mining, which authorities have linked to environmental damage, lost public revenue and security concerns. SOJA acknowledged that such enforcement is legitimate but said operations must be conducted within the law.
The group said the deaths must not become another unexplained statistic. It called for “justice for the dead, protection for the living, accountability for wrongdoing and reform to prevent recurrence.”
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