The Nigerian Law Society (NLS) has called for an independent, transparent and comprehensive investigation into the deaths of 37 suspected illegal miners while in the custody of the Niger State Command of the Nigeria Security and Civil Defence Corps (NSCDC), insisting that administrative sanctions must not replace criminal prosecution where evidence establishes an offence.
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The call came in a statement signed on Tuesday, September 22, 2026, by the Acting President of the NLS, Abdulqadir Alhaji Sani, against the backdrop of the Federal Government’s inauguration of a 10-member independent investigative committee to unravel the circumstances surrounding the deaths.
The NLS expressed what it described as profound grief and grave concern over the incident, saying the circumstances surrounding the arrest, detention and subsequent deaths of the detainees raised serious questions requiring clear and credible answers from the relevant authorities.
While acknowledging steps already taken by the Federal Government, including the suspension of officers, constitution of an independent investigative committee and directives for the preservation of evidence, the legal body said the families of the deceased and the Nigerian public were entitled to know exactly what happened to those who died while in State custody.
According to the NLS, being arrested or detained on suspicion of illegal mining does not deprive any person of constitutional rights.
It relied on Sections 33 and 34 of the 1999 Constitution, which guarantee the right to life and dignity of the human person, and also cited Articles 4, 5 and 6 of the African Charter on Human and Peoples’ Rights, which protect the rights to life, dignity, liberty and security and prohibit arbitrary detention, torture and cruel, inhuman or degrading treatment.
The Society stressed that custody places a heightened duty of care on the State and that suspects remain entitled to legal protection until their guilt is established by a competent court.
It therefore urged the investigative authorities to establish the identity of every person who died, the circumstances and legal basis of their arrest and detention, the exact number of persons held at the facility and the conditions under which they were detained.
The NLS also wants investigators to determine the medical condition of the detainees before and during their detention, as well as the precise medical and scientific cause of each death.
It further called for an inquiry into whether the detention facility was overcrowded or otherwise unsuitable, whether adequate food, water, ventilation, sanitation and medical care were provided, and whether any detainee requested or required medical assistance before the deaths occurred.
The Society said investigators must also determine whether force, chemical substances, torture, assault, ill-treatment or any other unlawful conduct was used against any of the detainees.
Beyond that, it urged the panel to establish whether negligence, dereliction of duty, concealment of information or failure to perform statutory or professional obligations contributed to the deaths, and whether any person bears criminal, civil or administrative responsibility.
The NLS called for the immediate securing and preservation of all relevant evidence, including medical records, detention registers, custody records, photographs, CCTV footage, electronic communications, duty rosters and other documentary or electronic materials capable of assisting the investigation.
The Society stressed that it was not prejudging the guilt of any officer or other person and acknowledged the presumption of innocence.
It, however, maintained that where credible evidence establishes criminal conduct, torture, unlawful killing, culpable negligence, cruel or degrading treatment, denial of necessary medical care, unlawful detention or any other offence, those responsible must be prosecuted irrespective of rank, office or institutional affiliation.
The legal body specifically drew attention to the Anti-Torture Act 2017, noting that where torture results in death, the law provides for the offence to be treated and prosecuted as murder under the applicable laws.
For that reason, the NLS said suspension, disciplinary proceedings or transfer of officers should not be treated as substitutes for criminal accountability where the facts disclose a criminal offence.
The Society also acknowledged the seriousness of illegal mining and government’s legitimate responsibility to protect Nigeria’s natural resources, environment and revenue.
It nevertheless insisted that law enforcement must itself operate within the law.
“The State cannot enforce the law by unlawful means,” the NLS said, stressing that arrest or detention cannot be treated as a licence for abuse, torture, neglect or conduct that places a detainee’s life and dignity at unjustifiable risk.
The NLS further urged investigators not to restrict their inquiry to persons physically found at alleged illegal mining sites.
It said the investigation should also establish, where applicable, the identities of persons who owned, financed, organised, controlled or commercially benefited from the alleged mining operations.
On transparency, the Society called for regular and credible public updates, provided such disclosures do not compromise the integrity of the investigation.
It also urged the Federal Government to make the panel’s eventual findings and recommendations public, subject only to narrowly defined legal or security considerations.
According to the NLS, the families of the deceased deserve more than expressions of sympathy.
“They deserve the truth about how their loved ones died, and where the law establishes responsibility, they deserve justice,” the Society said.
It added that Nigerians must be able to have confidence that persons taken into government custody remain under the protection of the Constitution rather than outside it.
The statement came on the same day the Federal Government inaugurated a 10-member panel chaired by retired Deputy Director-General of the State Security Service, Jonathan Kure, with former Director-General of the Nigerian Law School, Prof. Isa Hayatu Chiroma, serving as secretary.
The Federal Government has given that panel two weeks to investigate the deaths, establish their cause and circumstances, determine whether negligence, misconduct or breach of duty occurred, and recommend disciplinary measures, compensation and safeguards against recurrence.
The Minister of Interior, Olubunmi Tunji-Ojo, has also warned against the destruction or concealment of evidence, intimidation of witnesses or obstruction of the investigation, while assuring that no officer found culpable would be shielded.
The NLS said it would continue to stand for the rule of law, human dignity, accountability in public institutions and equal application of the law.
It extended condolences to the families, relatives and communities of those who died and appealed to members of the public to remain peaceful while the investigative and judicial processes run their course.
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