An investigative panel set up by the Federal Government has recommended the prosecution of officers of the Nigeria Security and Civil Defence Corps (NSCDC) over the deaths of detainees in Niger State, attributing the incident to overcrowding, poor ventilation, dehydration and failure to respond to distress calls.
The committee also proposed compensation of N30 million for each of the 33 families whose relatives died and N10 million for each of the 41 survivors, bringing the total proposed compensation package to N1.4 billion.
The chairman of the 10-member Independent Investigative Committee and former Deputy Director-General of the Department of State Services, Jonathan Kure, presented the panel’s report to the Minister of Interior, Olubunmi Tunji-Ojo, in Abuja on Tuesday.
According to Kure, medical and forensic findings indicated that the detainees died from environmental asphyxia after being held for an extended period in a severely overcrowded and poorly ventilated cell. He said the evidence did not support claims that a disease outbreak caused the deaths.
“The committee concluded that the incident was a preventable custodial tragedy caused by severe overcrowding, unlawful and unsuitable detention conditions, failure of duty of care, disregard of repeated distress warnings, inadequate supervision, and wider systemic deficiencies,” Kure said.
The committee was established following a directive by President Bola Tinubu to investigate the deaths of suspects arrested during operations against suspected illegal mining activities in Niger State.
Although initial reports put the death toll at 37, the panel said it authenticated 33 deaths and identified 41 survivors. Fourteen of the deceased were minors.
The report traced the incident to raids conducted by NSCDC personnel on September 15 and 16, which the committee said were carried out without an approved operational order, adequate planning or consultation with relevant mining authorities. The corps’ national headquarters was also not informed before the operation commenced.
Kure said approximately 50 male detainees were held in a cell measuring about 20 square metres. The facility reportedly had inadequate ventilation, poor lighting, no running water and no functioning toilet.
Food and drinking water were either unavailable or grossly inadequate, while adults and minors were detained together.
“The detention conditions were found to be grossly inadequate and inconsistent with constitutional safeguards, the Administration of Criminal Justice Act, the Child Rights Act, and accepted international standards,” the committee chairman said.
Witnesses told the panel that detainees repeatedly banged on the cell doors and walls, shouted for help and pleaded for water as conditions deteriorated overnight.
Despite the distress calls, officers responsible for the welfare of the detainees allegedly failed to open the cell, reduce overcrowding or arrange emergency medical assistance.
“Despite clear evidence that conditions inside the cell had become life-threatening, officers responsible for detainee welfare failed to open the cell, to decongest the facility, or arrange emergency intervention,” Kure said.
The committee established that the deaths occurred between 8pm on September 16 and 7am on September 17, when the cell was eventually opened.
Post-mortem examinations were conducted on three bodies, while the remaining 30 had been buried before the committee’s medical team arrived.
The panel also found no evidence supporting allegations that an aerosol substance had been sprayed into the cell before the deaths. However, it raised concerns that the detention area had been cleaned, disinfected and altered before independent forensic investigators arrived.
The committee further reported that the detention register for September 16 was unavailable, limiting the records available for examining events surrounding the incident.
In assessing responsibility, the panel identified alleged leadership failures and professional misconduct involving the state commandant, the head of the Investigation Unit and other officers responsible for detainee welfare.
It accused the state commandant of authorising and supervising the operation without adequate planning or oversight, allowing overcrowding and subsequently attributing the deaths to a disease outbreak.
Other officers were accused of failing to respond to distress calls, maintaining unlawful detention conditions, failing to provide adequate protection for detained minors and participating in the alteration of the detention area.
The committee recommended that officers found culpable should face prosecution for offences including murder, criminal negligence, torture and inhuman treatment, where applicable. It also called for investigations into allegations of extortion and the mismanagement of exhibits.
In addition to possible criminal proceedings, the panel recommended the summary dismissal of the state commandant and officers found directly responsible for the deaths. It proposed administrative sanctions for other personnel whose actions or omissions contributed to the incident.
On the welfare of victims and their families, the committee proposed N30 million in compensation for each of the 33 bereaved families and N10 million for each of the 41 survivors.
The proposed package also includes educational assistance for dependants of the deceased, medical rehabilitation for survivors, psychological support for affected families and a formal apology from the Federal Government.
“The committee concludes that the death of 33 detainees, including 14 minors, was entirely preventable,” Kure said.
The panel also recommended a comprehensive overhaul of the NSCDC’s leadership, operations and custodial procedures. Its proposals include standardised detention facilities, closed-circuit television cameras in custodial areas, improved emergency medical response, stronger oversight and enhanced human rights training for officers.
Receiving the report, Tunji-Ojo assured Nigerians that the Federal Government would act on the findings and recommendations to ensure justice for the victims.
The minister directed the NSCDC Commandant-General to immediately suspend officers allegedly involved in cleaning the detention facility and potentially destroying evidence.
“The best gift we can give to the deceased is justice. And justice must be done,” he said.
Tunji-Ojo said the report would be forwarded to the Office of the Attorney-General of the Federation and Minister of Justice for further judicial action. He added that the Ministry of Interior would review the administrative recommendations and work with the corps on institutional reforms.
Rejecting the use of investigative panels merely to ease public pressure without implementing their findings, the minister said the government would take action against officers implicated in the concealment or destruction of evidence.
“It’s the era of setting up committees just to douse tension. It’s not now,” he said, adding that affected officers would face suspension pending investigations and disciplinary proceedings.
