Human rights lawyer and activist Deji Adeyanju has said the Nigeria Security and Civil Defence Corps (NSCDC) cannot escape responsibility for the deaths of 37 suspected illegal miners who died while in its custody in Niger State.
Adeyanju, a member of the 10-member independent committee set up by the Federal Government to investigate the incident, also cautioned against describing the deceased simply as “illegal miners” before the circumstances surrounding their arrest and deaths have been established.
Speaking on Channels Television’s The Morning Brief on Monday, September 21, Adeyanju said the investigation should determine who owned the mining site where the victims were arrested, arguing that mining locations are allocated and regulated by the government.
“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.
He added: “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.”
Adeyanju said NSCDC personnel found to have contributed to the deaths could face criminal charges depending on the outcome of the investigation.
“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.
“Also, culpable homicide not punishable with death can also be brought against them, in my view….”
He rejected claims that exposure to substances at the mining site had conclusively established the cause of death, saying the committee would examine all explanations and allegations.
“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.
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“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.
Adeyanju further described the incident as potentially “a crime against humanity” if evidence establishes wrongdoing or a deliberate cover-up.
The Federal Government has already taken administrative measures against some NSCDC personnel following the deaths.
President Bola Tinubu on Friday ordered a full and transparent investigation, directing investigators to examine the arrests, detention conditions, number of detainees, medical care provided and events leading to the deaths.
Interior Minister Olubunmi Tunji-Ojo subsequently ordered the suspension of 20 NSCDC officers pending the outcome of the investigation.
The minister also constituted the independent committee, chaired by retired DSS Deputy Director-General Jonathan Kure, to identify the deceased and determine the cause and circumstances of their deaths.
The committee is expected to establish responsibility, complicity, negligence and misconduct and recommend appropriate action, including compensation where applicable. It has two weeks to complete its assignment.