Human rights lawyer and activist, Deji Adeyanju, has said the Nigeria Security and Civil Defence Corps (NSCDC) cannot avoid responsibility for the deaths of 37 suspected illegal miners in its custody in Niger State.

Adeyanju, who is a member of the 10-member independent committee constituted by the Federal Government to investigate the deaths, also said the victims should not be described simply as “illegal miners” in a manner that obscures the circumstances surrounding their deaths while in government custody.

According to him, the government allocates mining sites to people, and the committee should therefore establish who owned the mine where the suspects were arrested.

“I said it in my intro that we cannot call them illegal miners because there has been no fact-finding to that effect yet. In my view, I believe that especially with the new regime, there are no illegal miners in Nigeria because the Ministry of Mines has mapped out almost all mining sites in the country and given certificates to owners,” the lawyer said on Channels Television’s The Morning Brief on Monday.

“So what we should be looking at is who is the owner of the mine, because in all this conversation, the owner of the mine has been exempted, so we need to find out who the owner of the mine is so that we can be able to juxtapose these vis-à-vis the issues that led to the death of the miners and other Nigerians in the custody of the civil defence.

“Yes, as to what charges can be brought against the officials who actively participated in the events that led to the deaths, whether it is by negligent conduct or whether it is actually by active conduct or intentional conduct, charges of culpable homicide punishable with death can be brought against them under the Penal Code.

‘Illegal Mining’ Allegation

Adeyanju argued that the investigation should go beyond the allegations against those who were arrested and establish the circumstances in which they were detained and died.

He also warned against any attempt to cover up wrongdoing during the investigation, vowing to expose those who attempt to disrupt the probe.

Adeyanju disagreed with claims that the substances the suspected illegal miners were exposed to at the site could have led to their deaths.

“There’s nothing conclusive about anything yet, and will it not be strange that it would be such a high number that would die at once if it was one or two persons that died; then one can explain that.

“But when it is mass murder, like in the instant case, then it is, it goes to the root that there was maybe an alleged attempt to cover up something sinister that was going on, or these people were just intentionally targeted, and again the allegation made by one of the survivors that something was sprayed in the cell, you know, will also be investigated by the fact-finding committee,” he said.

“In my view, simpliciter, I think this is a crime against humanity because, if it is true that there was an outbreak, what hospital were the detainees taken to? Where’s the evidence of such?

“But if it turns out that the statement was released to cover up the perpetrators, then the person will be as guilty and as liable as those who committed the act.”

20 Officers Suspended

The lawyer’s position comes as the Federal Government has taken administrative steps against some NSCDC personnel, including the former state commandant of the agency, following the incident.

Minister of Interior, Dr Olubunmi Tunji-Ojo (centre); and Governor Umar Bago (2nd-left) of Niger State during the minister’s visit over the death of suspected illegal miners in the custody of the NSCDC. (Photo: Channels TV)

On Friday, President Bola Tinubu ordered a full and transparent investigation, saying no Nigerian should lose their life in government custody because of negligence, abuse or inhumane treatment.

He directed investigators to examine the circumstances of the arrests, the conditions in which the detainees were held, the number of people in the facility, the medical attention provided and the events leading to the deaths.

The President also said that where the investigation establishes that an official contributed to the deaths through action, abuse or negligence, the officer should be arrested and prosecuted in accordance with the law.

The Interior Minister, Olubunmi Tunji-Ojo, subsequently directed the suspension of 20 NSCDC officers in connection with the deaths, pending the conclusion of the investigation.

The minister also constituted the independent committee, chaired by retired DSS Deputy Director-General Jonathan Kure, to establish the identities of the deceased and investigate their arrests, detention, and the cause and circumstances of their deaths.

The committee is also mandated to determine responsibility, complicity, negligence and misconduct and recommend appropriate action, including compensation where applicable.

It has two weeks to complete its assignment. (Channels)