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 in its custody in Niger State.
Adeyanju, a member of the 10-member independent committee constituted by the Federal Government to investigate the deaths, also cautioned against describing the victims simply as “illegal miners” in a way that could obscure the circumstances surrounding their arrest, detention and deaths.
Speaking on Channels Television’s The Morning Brief on Monday, Adeyanju said the investigation should establish who owned the mine where the victims were arrested, noting that mining sites are allocated and certified 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,” he said.
“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.
“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.”
Possible Criminal Charges
Adeyanju said officials whose actions or negligence contributed to the deaths could potentially face criminal charges, depending on the findings of the investigation.
He said charges could arise from either negligent conduct, active conduct or intentional actions that contributed to the deaths.
“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,” he said.
“Also, culpable homicide not punishable with death can also be brought against them, in my view.”
Investigation Must Go Beyond ‘Illegal Mining’ Allegation
Adeyanju argued that the committee’s investigation should not be limited to determining whether the victims were involved in illegal mining.
Instead, he said the probe should establish the full circumstances surrounding their arrest, detention and eventual deaths while in government custody.
The lawyer also warned against any attempt to conceal wrongdoing or interfere with the investigation, saying he would expose anyone who tried to frustrate the committee’s work.
He maintained that determining the ownership of the mining site, the circumstances of the arrests and the conduct of security personnel involved would be crucial to establishing responsibility for the deaths.
