Falana Demands Prosecution Over Deaths of 37 Niger Detainees

Human rights lawyer, Femi Falana, SAN, has demanded the immediate prosecution of anyone found responsible for the deaths of 37 suspected illegal miners who died while in the custody of the Nigeria Security and Civil Defence Corps, NSCDC, in Minna, Niger State.

Falana called on the Niger State Attorney-General, Nasiru Mu’azu, to ensure that the police investigation into the incident is conducted without delay.

He also wants the state Ministry of Justice to prosecute any person indicted after the investigation.

The call comes amid growing concern over the circumstances surrounding the deaths of the detainees, who were arrested during operations against suspected illegal mining activities in the state.

The 37 detainees died on Thursday, September 17, while being held at an NSCDC facility in Minna.

The circumstances of their deaths remain under investigation, with authorities yet to establish a final cause.

The Niger State Government has ordered autopsies and other medical examinations as part of efforts to determine what happened.

The incident has also triggered a wider government response.

The Federal Government has suspended NSCDC officers linked to the incident and set up a 10-member independent committee to investigate the deaths.

The committee is expected to examine how the suspects were arrested, the conditions under which they were detained and the circumstances that led to their deaths.

Falana, in his reaction, said criminal accountability must form part of the response if the investigation establishes that the detainees died as a result of unlawful conduct or negligence.

He said, “The Attorney-General of Niger State, Nasiru Mu’azu Esq., should ensure a speedy investigation by the State Police Command and immediate prosecution of all indicted suspects by the State Ministry of Justice.”

The senior lawyer’s demand comes as questions continue to surround the treatment of the suspects before their deaths.

Reports from the incident indicate that a large number of people were detained following raids on locations suspected to be involved in illegal mining.

A survivor later alleged that about 65 detainees had been kept in one small cell before the deaths occurred.

He also alleged that a substance was sprayed inside the room before it was locked.

The allegation has not been established as the cause of death. Authorities are still investigating the incident.

The NSCDC had earlier indicated that more than 50 people were arrested during the operations.

The arrests were linked to suspected illegal mining activities, which have remained a major concern for authorities because of their impact on the environment and security.

Falana said the deaths should also lead to a broader review of detention conditions across the country.

He recalled a similar incident in Lagos in 1980 when about 50 suspects reportedly died after being locked inside a police vehicle, popularly known as a “Black Maria”, at the premises of the Tinubu Magistrate Court.

According to the human rights lawyer, the recurrence of deaths associated with poor detention conditions shows the need for stronger safeguards for people held in custody.

He said, “The best way to honour the 37 suspects that were suffocated to death last week is to ensure that detention centres in the country meet the United Nations Standard Minimum Rules for the Treatment of Prisoners, known as the Nelson Mandela Rules.”

The Nelson Mandela Rules set out minimum standards for the treatment of prisoners and detainees.

They cover issues including accommodation, sanitation, healthcare, ventilation and humane treatment. The rules are intended to protect the dignity and safety of people deprived of their liberty.

Falana’s position places emphasis on the need for the Niger investigation to go beyond administrative measures.

The government has already taken steps against some officials through suspension and has commenced a formal investigation.

However, Falana wants criminal prosecution to follow wherever evidence establishes individual responsibility.

President Bola Tinubu had directed that the circumstances surrounding the deaths be thoroughly investigated.

The Minister of Interior, Olubunmi Tunji-Ojo, also said the government owed the families of the deceased and Nigerians an explanation of what happened.

The Niger State Government, meanwhile, has constituted its own committee of inquiry.

The panel is chaired by the state’s Deputy Governor, Yakubu Garba, while the Commissioner for Homeland Security, Maurice Magaji, serves as secretary. The state government also ordered medical and forensic examinations to help determine the cause of death.