NLS demands Independent probe Into deaths in NSCDC custody

The Nigerian Law Society (NLS) has called for a transparent, independent and credible investigation into the deaths of persons detained in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State.

The NLS, in a statement signed by its Acting President, Abdulqadir Alhaji Sani, on Tuesday, expressed profound grief and concern over the incident, saying the circumstances surrounding the detention and subsequent deaths raised serious questions requiring clear answers from the authorities.

The society acknowledged steps already announced by the Federal Government, including the suspension of some officers, the establishment of an independent investigative committee and directives for the preservation of relevant evidence.

It, however, stressed that the seriousness of the incident required an investigation capable of establishing exactly what happened to the deceased while in State custody.

According to the NLS, the fact that the deceased were suspects, including persons reportedly arrested over alleged illegal mining activities, did not deprive them of their fundamental rights.

It cited Sections 33 and 34 of the 1999 Constitution, as amended, which protect the right to life and the dignity of the human person, respectively.

The society also referenced the African Charter on Human and Peoples’ Rights, noting that it protects the rights to life, dignity, liberty and security of the person and prohibits torture and cruel, inhuman or degrading treatment.

It said: “A person does not lose the protection of the law merely because he or she has been arrested or detained on suspicion of an offence.”

The NLS urged investigators to establish the identities of all those who died, the circumstances and legal basis of their arrest and detention, the exact number of detainees at the facility and the conditions under which they were held.

It also wants the investigation to determine the medical condition of the detainees before their deaths, the precise medical and scientific causes of death, whether the facility was overcrowded or unsuitable, and whether adequate food, water, ventilation, sanitation and medical care were provided.

The society further called for investigations into allegations of force, chemical substances, torture, assault, ill-treatment or other unlawful conduct, as well as possible negligence, dereliction of duty, concealment of information or failure by officers to perform their statutory obligations.

It urged authorities to secure and preserve all relevant evidence, including medical records, detention registers, custody records, photographs, CCTV footage, electronic communications and duty rosters.

The NLS said accountability should be based strictly on evidence, stressing that it would not prejudge the culpability of any officer or other individual.

It, however, maintained that where evidence establishes criminal conduct, torture, unlawful killing, culpable negligence, cruel or degrading treatment, denial of necessary medical care, unlawful detention or any other breach of the law, those responsible must be prosecuted regardless of their rank or institutional affiliation.

The society specifically drew attention to the Anti-Torture Act 2017, noting that where torture results in loss of life, the law provides for it to be treated as murder and prosecuted under relevant laws.

It therefore cautioned that administrative suspension, disciplinary proceedings or transfer should not be used as substitutes for criminal accountability where evidence of a criminal offence exists.

While acknowledging the government's responsibility to combat illegal mining and protect Nigeria's natural resources, the NLS stressed that law enforcement must operate within the Constitution and other applicable laws.

“The State cannot enforce the law by unlawful means,” it stated, adding that arrest and detention should not be regarded as a licence for abuse, torture, neglect or any conduct that places a detainee's life and dignity at unjustifiable risk.

The NLS also urged authorities to investigate not only those physically present at alleged illegal mining sites but, where applicable, persons who owned, financed, organised, controlled or commercially benefited from the operations.

It called for regular and credible updates on the investigation and urged the Federal Government to make the findings and recommendations public at its conclusion, subject only to narrowly defined legal or security considerations.

According to the society, the families of the deceased deserve more than condolences, but the truth about how their loved ones died and justice where responsibility is established.
The NLS urged all authorities involved to conduct the investigation without fear or favour, institutional protectionism or prejudgment, while ensuring that anyone found culpable is brought to justice through due process.

It extended its condolences to the families, relatives and communities of those who lost their lives and appealed to the public to remain peaceful while investigative and judicial processes take their course.
The society reaffirmed its commitment to the rule of law, protection of human dignity, accountability in public institutions and equal application of the law.


READ FULL STATEMENT BELOW


NIGERIAN LAW SOCIETY DEMANDS TRANSPARENT, INDEPENDENT AND CREDIBLE INVESTIGATION INTO DEATHS IN NSCDC CUSTODY IN NIGER STATE

The Nigerian Law Society (NLS) expresses its profound grief and grave concern over the deaths of persons who were detained in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State.

The reports surrounding the incident, including the circumstances in which the detainees came to be held in custody and the subsequent discovery of multiple deaths, raise serious questions that demand clear, credible and transparent answers from the relevant authorities.

The NLS notes the steps already announced by the Federal Government, including the suspension of officers, the constitution of an independent investigative committee and directives for the preservation of relevant evidence. We welcome these steps as necessary measures towards establishing the truth.

However, given the gravity of the incident, the Nigerian public and, most importantly, the families of the deceased are entitled to know precisely what happened to their loved ones while they were in State custody.

CUSTODY CREATES A HEIGHTENED DUTY OF CARE

The fact that the deceased persons were suspects, including persons reportedly arrested in connection with suspected illegal mining activities, does not deprive them of their fundamental rights.

Under Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), every person has a constitutionally protected right to life, subject to the limited exceptions recognised by law.

Similarly, Section 34 guarantees the dignity of the human person and prohibits torture and inhuman or degrading treatment.

Nigeria's obligations are further reinforced by the African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act, which gives the African Charter force of law in Nigeria. Article 4 protects the right to life and prohibits arbitrary deprivation of life;

Article 5 protects human dignity and prohibits torture and cruel, inhuman or degrading treatment; while Article 6 protects the right to liberty and security of the person and prohibits arbitrary arrest or detention.

Accordingly, a person does not lose the protection of the law merely because he or she has been arrested or detained on suspicion of an offence.

THE INVESTIGATION MUST ESTABLISH THE TRUTH

The Nigerian Law Society therefore calls upon the Federal Government and all investigating authorities to ensure that the investigation is genuinely independent, comprehensive, transparent and free from interference.
In particular, the investigation should establish:

The identity of every person who died;

The circumstances and legal basis of their arrest and detention;

The exact number of persons detained at the facility and the conditions under which they were held;

The medical condition of the detainees before, during and immediately preceding their deaths;

The precise medical and scientific causes of each death;

Whether the facility was overcrowded or otherwise unsuitable for the number of detainees held there;

Whether adequate food, water, ventilation, sanitation and medical attention were provided;

Whether any detainee requested or required medical assistance and, if so, what response was made;

Whether any form of force, chemical substance, torture, assault, ill-treatment or other unlawful conduct was employed;

Whether there was any negligence, dereliction of duty, concealment of information or failure by any officer to perform a statutory or professional obligation; and

Whether any individual or group of persons bears criminal, civil or administrative responsibility for the deaths.

The NLS further calls for all available medical records, detention registers, custody records, photographs, CCTV footage, electronic communications, duty rosters and other relevant documentary or electronic evidence to be secured and preserved.

ACCOUNTABILITY MUST FOLLOW EVIDENCE

The NLS recognises and respects the presumption of innocence and will not prejudge the culpability of any individual officer or other person.

Nevertheless, where the investigation establishes evidence of criminal conduct, torture, unlawful killing, culpable negligence, cruel or degrading treatment, denial of necessary medical care, unlawful detention or any other breach of the law, the person or persons responsible must be prosecuted in accordance with the law, irrespective of rank, office or institutional affiliation.

The Anti-Torture Act 2017 is particularly relevant where evidence establishes torture; the Act provides that torture resulting in loss of life is to be treated as murder and prosecuted under the relevant laws.

The NLS therefore emphasises that administrative suspension, disciplinary proceedings or transfer must not be treated as substitutes for criminal accountability where the evidence establishes a criminal offence.

LAW ENFORCEMENT MUST ITSELF OBEY THE LAW

The Nigerian Law Society acknowledges the serious national challenge posed by illegal mining and the legitimate responsibility of government to protect Nigeria's environment, revenue and natural resources.

However, the enforcement of laws against illegal mining, or any other offence, must itself be undertaken within the confines of the Constitution and the law.
The State cannot enforce the law by unlawful means.

Every suspect remains entitled to the protection of the law until guilt is established by a competent court. Arrest and detention are not a licence for abuse, torture, neglect or any conduct that places the life and dignity of a detainee at unjustifiable risk.

The Nigerian Law Society therefore urges the authorities to ensure that the investigation does not focus exclusively on those physically present at the mining sites but also establishes, where applicable, the persons who owned, financed, organised, controlled or commercially benefited from the alleged illegal mining operations.

TRANSPARENCY FOR THE FAMILIES AND THE NIGERIAN PEOPLE

The NLS calls upon the investigative authorities to provide regular and credible updates, without compromising the integrity of the investigation.

At the conclusion of the investigation, the NLS urges the Federal Government to make the findings and recommendations available to the public, subject only to narrowly defined legal or security considerations.

The families of the deceased deserve more than condolences. They deserve the truth about how their loved ones died, and where the law establishes responsibility, they deserve justice.

The Nigerian public equally deserves confidence that persons who are placed in State custody are not thereby placed outside the protection of the Constitution.

The NLS accordingly calls upon all authorities concerned to ensure that the investigation is conducted without fear or favour, without institutional protectionism and without prejudgment, and that every person found culpable is brought to justice through due process of law.

The Nigerian Law Society extends its deepest condolences to the families, relatives and communities of all those who lost their lives.

We urge the public to remain peaceful and allow the investigative and judicial processes to take their course.

The Nigerian Law Society stands firmly for the rule of law, the protection of human dignity, accountability in public institutions and the equal application of the law to all persons.

Signed
Abdulqadir Alhaji Sani
ACTING PRESIDENT
NIGERIAN LAW SOCIETY
22 September 2026.