The President of Prisoners’ Rehabilitation and Welfare Action, Professor Uju Agomoh, has said the state has a duty to protect people in its custody, following the deaths of 37 miners in Niger State.
Speaking in an interview on Arise News in Tuesday, Agomoh said the circumstances surrounding the deaths of the 37 miners must be thoroughly investigated, stressing that authorities have a responsibility to ensure the safety, health and welfare of anyone held in custody.
“We must understand that when you arrest people and you detain them, there is a lot that is dependent on the state. Because somebody who you’ve kept in custody means the person can’t—even if there is a danger, the person can’t save themselves. Even if a person is sick, the person can’t access health facilities. So there is a lot that the state is supposed to do.”
She noted that although the full details of what occurred remain unclear, the investigation should establish what measures were taken by the state after the miners were arrested and whether the required safeguards were observed.
“I know that we don’t know all that has happened. We don’t know what was done and what has not been done, and I guess the investigation will unveil many of these.
“Again, the issue is that we don’t know all of what has happened—what the state did and what it didn’t do. But there have been quite some allegations in terms of the space and the requirements. Even in relation to how the space that you keep someone, whether it’s a holding cell, a detention facility, or whatever detention it is, there are things around the definition, there are things about the space.
“But again, as I keep reminding us, we don’t know enough. So what we need to focus on is how do we open up enough information, and what do we do both in terms of preservation of the evidence and in terms of how we take through the whole process. I think that’s very critical.
“There are rights of everybody who has been detained. There are also things around the conditions of detention, and I think the investigation will have to help us to understand what has happened.”
Professor Agomoh said the suspension of the affected NSCDC personnel was consistent with Rule 71 of the Mandela Rules, which requires a prompt investigation whenever a death occurs in custody and the removal of anyone who may be connected to the incident from the circumstances under investigation.
She, however, cautioned that suspension should not be interpreted as proof of guilt, stressing that the investigation must be impartial and that anyone found not to be culpable should be allowed to return to work.
“If you look at Rule 71 of the Mandela Rules, clearly says once a death has occurred in custody, quickly investigation has to happen and everyone you suspect may be somehow connected to that should be removed from the circumstances of being involved in that. So in the light of that, the issue of the suspension is in line with the provision of Rule 71.
“The other thing I have to say is that we have to also be careful, because that somebody has been suspended does not mean the person is culprit. You must also know that we don’t punish the right person.”
Calling for stronger oversight of detention facilities across the country, Agomoh said authorities must ensure that all places where people are held in custody comply with fundamental rights and safety standards.
“Please, this should be a wake-up call to enable us to set up a mechanism of oversight, both internally and independently, to make sure that all of those detention facilities are compliant,” she pleaded.
Agomoh also stressed the need for an independent investigation into the deaths of the 37 miners who died in Nigeria State, with proper preservation of evidence and forensic examination, while urging authorities to involve the victims’ families and address systemic factors that could prevent similar incidents.
“So the independence of the matter—and there is actually the Minnesota Protocol, and that’s part of what in our press statement we released. There are 10 guidelines that investigators need to make sure that happens. One of them is, of course, the issue of independence. The other thing has to do with the preservation of the evidence, the issues around forensic evidence, and all of that.
“The victims—the families—let’s not forget that they are also important, so we should also carry them along there,” she said.
On the suspended NSCDC officers, Agomoh said anyone found responsible for negligence, incompetence or other wrongdoing in connection with the deaths should face appropriate consequences, stressing that accountability is necessary to deter future violations.
“Consequences for that. I think everyone who is found to have a hand in one way or the other—whether it’s negligence, whether it’s incompetence, whether it’s intentional, whatever it is—there need to be consequences.
“Part of what makes people keep violating rules, not just that we don’t have the rules, is because there’s no consequence. People can do anything and get away with it. But until as a people we say, ‘No, it can’t happen,’ and then we’re able to deal with it, all of that should be put in place.”
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