Minna 37: Questions that must be answered

The death of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps, NSCDC, in Minna, Niger State, is a national shame and a chilling reminder of how cheap life has become in the hands of those paid to enforce the law. It is a tragedy that demands sober reflection and thorough investigation.

The victims were reportedly arrested on September 15 and 16 during anti-illegal mining operations and detained at an NSCDC facility. They were taken into custody alive but released in body bags. Reports have cited possible factors including disease, overcrowding, poor ventilation and exposure to hazardous substances. However, the exact cause is now subject to an independent investigation ordered by the Federal Government.

While we await the outcome of that investigation, the central fact remains deeply troubling and cannot be glossed over: 37 Nigerians died while in the custody of the state.

We note the Federal Government’s prompt order for an independent probe and the suspension of officers linked to the facility. But for public confidence to be sustained, the 10-man committee must be transparent, thorough and go beyond individual lapses to examine the system itself. Nigerians must see that justice is not only done but is seen to be done.

We must admit that Nigeria has developed a worrying pattern of arrest first, investigate later, and detain indefinitely. Facilities built for a few persons often hold many times their capacity. Suspects are held for long periods without charge, without adequate medical care and without basic dignity. In such conditions, lawful restraint risks becoming a death trap, and the line between protective custody and punitive detention becomes dangerously blurred.

Our Constitution is clear on this. Section 35 guarantees personal liberty and requires that a person arrested on suspicion of an offence be brought before a court within a reasonable time – generally 24 hours where a competent court is within 40 kilometres and 48 hours elsewhere. It also provides for compensation and public apology where detention is found to be unlawful. Under the Administration of Criminal Justice Act, 2015, remand is a judicial function, not an administrative convenience for security agencies.

We expect that where there is evidence of illegal mining, suspects should be charged to court. Where there is none, they should be released. Prosecution, not prolonged detention, is the lawful path. That is the standard in a constitutional democracy.

It is, therefore, our hope that this incident should prompt a nationwide audit of detention facilities operated by the NSCDC, the Police and other security agencies. How many persons are currently in custody across the country? For how long have they been held? On whose authority are they detained? How many have been charged before a court of competent jurisdiction? These are not rhetorical questions; they demand urgent answers.

Overcrowding is not a mere administrative challenge. Poor ventilation, poor sanitation and lack of medical attention can be fatal. There is no gainsaying the fact that when the state deprives citizens of liberty, it assumes full responsibility for their lives and welfare. That responsibility is absolute.

Let us restate that an allegation of illegal mining, even if established, does not strip a citizen of humanity or the presumption of innocence until proven guilty by a court of law. Enforcement of laws protecting our mineral resources is legitimate and necessary, but it must itself remain within the law.

At Peoples Daily, we believe custody is a responsibility, and detention is not conviction.

Nothing here justifies illegal mining. But illegality does not license illegality. No Nigerian should lose their life in custody for a bailable offence, and we cannot ignore that harsh economic realities are driving many into these hazardous pits.

The Minna 37 must mark a turning point – for justice for the dead, clarity for their families, and urgent reform of detention management in Nigeria. We dare say that a nation that normalizes deaths in custody has lost its moral compass. To say the least, this unfortunate incident has cast a slur on our national pride. It is reprehensible, condemnable and unacceptable.