Minna: Murder of 37 young persons a crime against humanity – SAN, lawyer

A senior advocate of Nigeria, Abdul Mohammed (SAN), has called for urgent answers and accountability over the deaths of detainees who died while in custody in Minna, Niger state.

The learned Silk made the call during an interview monitored by this medium where he spoke on the disturbing circumstances surrounding the deaths and the broader implications of the incident for the rule of law, human rights and the responsibility of the State towards persons deprived of their liberty.

In a related development, an Abuja based human rights lawyer, Abubakar Marshal has also described as atrocious the alleged torture and murder of the young persons at the hands of state actors, calling for a prompt, thorough, independent, impartial, transparent and effective investigation aimed at identifying the immediate and remote causes of the mass murder, the institutional and procedural lapses responsible for it and a forensic identification of all the perpetrators with the aim of bringing them to swift justice and providing succor and appropriate redress to the families of the deceased persons.

The incident, which followed the arrest of the persons in connection with alleged illegal mining activities, eventually led to their death while being detained.

The circumstances surrounding the deaths have consequently raised serious questions about the conditions under which the detainees were held, the adequacy of the facilities, and the measures taken to safeguard their lives and wellbeing while in custody The incident has since sparked national concern .

Speaking on the development, Abdul Mohammed, SAN, stressed that once the state takes a person into custody, it assumes a heightened responsibility for that person’s safety, health, dignity and wellbeing. The fact that a person is arrested or suspected of committing an offence, he noted, does not strip that person of the fundamental rights guaranteed by the Constitution.

The learned Silk noted that response to criminality can not become a source of unlawful deprivation of life or dignity.

The enforcement of laws against illegal mining and other offences, according to him, must remain subject to constitutional safeguards, due process, and respect for human rights.

Mohammed further maintained that the incident highlights deeper failures within Nigeria’s detention system, particularly when viewed against international standards governing the treatment of persons deprived of their liberty.

He drew attention to the international framework on the prevention of torture and cruel, inhuman, or degrading treatment, as well as the United Nations Standard Minimum Rules for the Treatment of Prisoners.

The learned Silk has, therefore, stressed the need for the circumstances surrounding the deaths to be properly investigated and for appropriate accountability to follow from the findings of such an investigation.

Marshal, the human rights lawyer, while also making an advocacy told this reporter in an exclusive chat that Niger State, like many other states, have penal laws that serve as bulwark against the egregious breach of human rights and abuses.

In a bid to protect child offenders, decongest detention centers and reduce exposure of minor offenders to hardened criminals, Section 463 of the Niger State Administration of Criminal Justice Law, 2022 according to the lawyer advances non-custodial sentencing for convicts.

Marshal said: “Nigeria currently has approximately 240–250 operational custodial facilities, which include main prisons and satellite stations across the country with an inmate population of over 82,000 nation Out of this figure, over 60% of these inmates are still awaiting trial rather than serving a conviction.

“Despite the existence of non- custodial alternatives contained in various statute books and the Constitutional bulwarks against needless/prolonged detentions, security agencies in Nigeria for less than noble reasons elect to detain Nigerians arbitrarily for the flimsiest reasons.

“Relevant security agencies must immediately embrace the non-custodial alternatives outlined in the Nigerian Correctional Service Act, 2019, and the various Penal Laws and Acts in the country.

“It has also been confirmed that some of the deceased detainees were minors. This Clearly Run afoul of the Child’s Rights Act that lucidly prohibit the detention of minors alongside adults and in regular custodial centres.

“The relevant regulatory agencies like the offices of the Attorneys General must proactively see to the end of unlawful detention, overcrowded detention centers, and an end to all forms of torture in the Country.

“The agencies saddled with the responsibility of overseeing these agencies must also embark on holistic education campaign and reformative information dissemination techniques regarding the prohibition against torture by law enforcement personnel, civil or military, medical· personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of detention or imprisonment.

“By Section 2 of the Anti- Torture Act, 2017, torture can be physical, emotional, or psychological, and by Section 9 of the Act thereof, it attracts a prison term of 25 years.

“In some states, including the FCT, the Chief Judge saddled with the responsibility of setting up this Committee totally fail to set them up. For instance, By Section 34 (1) to (5) of the Administration of Criminal Justice Act, 2015, the Chief Judge of the Federal High Court is mandated to set up a Committee to visit Federal detention centers like the EFCC, lawless DSS etc.

“We have been at logger heads with the Chief Judge of the Federal High Court on the need to set up this Committee as a means of curtailing the apparent lawlessness of these security agencies. In the coming days, my team and I shall employ very practical and proactive steps to see to the respect and implementation of this sacred provision,”