The Nigerian Bar Association has called for a thorough, independent, transparent and credible investigation into the deaths of 37 persons arrested on suspicion of illegal mining and held in the custody of the Nigeria Security and Civil Defence Corps in Minna, Niger State.
The NBA also urged authorities to establish who owns, controls, finances and profits from the mining operations linked to the detainees, stressing that enforcement should not stop with people carrying out physical labour at mining sites.
The association made the demands in a statement by its President, Oyinkansola Badejo-Okusanya, SAN, on Saturday, following the deaths of the detainees, which were reported in the early hours of Thursday, September 17, 2026.
The NBA said the deceased had been described as illegal miners but stressed that they were suspects who had not been tried or convicted.
“Beyond that, the authorities must establish precisely what roles these individuals played in the mining operations in question,” the statement said.
The association said illegal mining was a serious national problem that deprived Nigeria of revenue, damaged communities and the environment, and was in some circumstances associated with organised criminal activity.
While supporting lawful enforcement of mining laws, the NBA said those who organise and benefit from illegal mining should also be investigated.
“But enforcement cannot stop with the people performing physical labour at a mining site. Where illegal mining operations are organised, financed or commercially exploited by other persons, the law must also reach those who own, finance, control and ultimately profit from those operations,” the statement said.
The NBA warned that poverty and vulnerability should not make labourers the easiest targets for arrest while those who organise and profit from illegal mining remain beyond the reach of enforcement.
“We therefore urge the relevant authorities, as part of the wider investigation, to establish the ownership and control of the mining operations concerned and, where offences are disclosed, to pursue every person in the chain of responsibility without fear or favour,” the association said.
The call followed the deaths of 37 persons who had been arrested over suspected illegal mining and were being held by the NSCDC in Minna.
The NBA said while Reuters reported that 33 bodies had been deposited at the General Hospital, Minna mortuary, Niger State Governor, Mohammed Umaru Bago, confirmed 37 deaths.
It said it deliberately refrained from immediately determining the cause or circumstances of the deaths, insisting that conclusions should be based on evidence.
“The NBA deliberately refrained from making an immediate pronouncement on the cause or circumstances of these deaths. At a time of understandable grief, anger and speculation, we considered it important that the Association charged with defending the rule of law should not itself reach conclusions ahead of the evidence,” the statement said.
However, it described the deaths as “an event of the utmost gravity” that required a thorough, independent, transparent and credible investigation.
The NBA said investigators must establish how 37 people died within such a short period in custody, the conditions under which they were detained, the capacity of the facility, the medical attention available to them and the scientific cause of death.
It also said reports by survivors concerning overcrowding, lack of ventilation, treatment of detainees and events preceding the deaths should be investigated rather than accepted as established facts.
The statement said, “The NBA will not repeat allegations as established facts, nor will we prejudge those who may ultimately be called upon to answer for what occurred.
“But neither should credible allegations concerning overcrowding, lack of ventilation, the treatment of detainees and the circumstances immediately preceding the deaths be ignored. They must be investigated and either established or disproved by evidence.”
The NBA also stressed that arrest did not amount to conviction, saying, “A suspect is not a convict, whether rich or poor, powerful or powerless.”
It said the principle should guide the treatment of every person from the moment the state takes away their liberty.
The association further called for investigation into reports that some detainees cried out for help while struggling to breathe, saying investigators must establish “who heard those cries, what they knew, what they did, and when they did it.”
The NBA president said the incident should also prompt a broader examination of custodial treatment across security and law-enforcement institutions.
The association acknowledged the steps already taken by government, including the suspension of the Niger State Commandant of the NSCDC, the constitution of investigative mechanisms by the NSCDC and Niger State Government, the intervention of the Nigeria Police Force and Federal Ministry of Solid Minerals Development, as well as the intervention of the Minister of Interior.
It also noted President Bola Tinubu’s directive for a full and transparent investigation and for anyone found responsible through abuse, negligence or dereliction of duty to be held accountable.
“The promptness and seriousness of these initial steps are commendable,” the NBA said.
It added that the real test would be “the independence and thoroughness” of the investigations, the transparency of their findings and the accountability that follows.
The NBA also raised concerns over reports that children were among those detained and possibly among the deceased, saying their ages and identities must be officially established.
It said the investigation should determine who put children at the mining sites, who controlled the operations and who profited from their labour.
“A child found working at an illegal mining site may him or herself be a victim requiring the protection of the State, rather than simply an offender from whom the State requires protection,” the statement said.
The NBA said it had constituted a team headed by Senior Advocate of Nigeria and former General Secretary of the association, Jonathan Gunu Taidi, SAN, to engage the families of the deceased, survivors and relevant authorities and independently establish the circumstances surrounding the arrests, detention and deaths.
It said all relevant evidence must be preserved, with proper forensic and medical investigations conducted and surviving detainees and material witnesses protected from intimidation.
The association said where investigations disclosed criminal or other legal responsibility, those responsible should be brought before the law, irrespective of rank or office.
It also urged citizens to remain calm and allow the investigations to proceed, stressing that the deaths demanded answers based on evidence rather than conjecture.
