NBA Sets Up Fact-Finding Team Over 37 Deaths In NSCDC Custody

The Nigerian Bar Association (NBA) has demanded a comprehensive and independent investigation into the death of 37 persons who died while in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State, saying the incident raises serious concerns about the protection of human rights in detention facilities.
The association said while the victims were arrested on suspicion of illegal mining, they remained innocent under the law until proven guilty and should have been protected while in government custody.

In a statement issued by its President, Oyinkansola Badejo-Okusanya, SAN, the NBA described the incident as a painful national tragedy and extended condolences to the bereaved families, the Government and people of Niger State.

“Thirty-seven lives have been lost. Thirty-seven families are grieving. And whatever the circumstances that led to their arrest, these were 37 Nigerians who entered the custody of the NSCDC alive and who, while in that custody, were entitled to the protection of the law and to the preservation of their lives and human dignity,” the NBA President said.

The association said it deliberately waited before reacting publicly so as not to prejudice ongoing investigations or rely on speculation.

However, it stressed that silence should not be mistaken for indifference, insisting that the deaths must be investigated openly and professionally.

The NBA welcomed the actions already taken by the Federal Government, including the suspension of the NSCDC Niger State Commandant, the launch of multiple investigations by relevant agencies and President Bola Tinubu’s directive for a transparent probe.

It noted that while the initial response was encouraging, the credibility of the process would depend on whether the investigations were thorough, independent and their findings made public.

The association urged investigators to determine how 37 detainees died within a short period, whether the detention facility was overcrowded, what medical care was available and whether officers responded appropriately when detainees reportedly showed signs of distress.

The NBA also called for forensic and medical examinations to establish the exact cause of death.

According to the association, allegations by some survivors, including claims of overcrowding and poor ventilation, should be carefully investigated through evidence.

“The promptness and seriousness of these initial steps are commendable,” the statement said.

The NBA said the tragedy should also prompt broader reforms in the treatment of suspects by law enforcement agencies across the country.

It maintained that arrest does not remove a person’s constitutional rights.

“A suspect is not a convict, whether rich or poor, powerful or powerless. And the presumption of innocence is not an abstract phrase reserved for the courtroom. It must inform how the State treats every person from the very moment it takes away his or her liberty,” the association stated.

The legal body expressed particular concern over reports suggesting that some of those detained may have been children.

It said investigators must establish the identity and age of every detainee and determine whether child protection laws were followed.

The NBA also urged security agencies not to focus only on labourers arrested at illegal mining sites but to identify and prosecute those financing and benefiting from illegal mining operations.

As part of its intervention, the association announced the formation of a fact-finding team led by former NBA General Secretary Jonathan Gunu Taidi, SAN, to engage with victims’ families, survivors and relevant authorities while independently monitoring the investigations.

“The fact that 37 Nigerians went into government custody and did not return to their families alive demands answers, and those answers must come from evidence, not conjecture; and from a process that commands public confidence, not one that merely manages public outrage,” the NBA said.

The association pledged to monitor all legal proceedings arising from the incident and ensure that justice is served without compromising the constitutional rights of any person involved.