Retired Deputy Inspector-General of Police (DIG), Alhaji Mohammed Usaini Gumel, has called for a prompt, transparent and independent investigation into the reported deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
Gumel, a former Assistant Inspector-General of Police and DIG in charge of the Force Intelligence Department, said the number of deaths was too significant to be treated as an ordinary incident, stressing that investigators must establish the circumstances surrounding each death and ensure that anyone found culpable is brought to justice.
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He described the incident as a serious security and human-rights matter, while extending condolences to the families of the deceased, the Emir of Minna and the government and people of Niger State.
“One death in custody demands explanation; 37 deaths demand the highest level of scrutiny,” Gumel said.
He urged the Federal Government to ensure that the investigation goes beyond administrative measures and establishes the facts surrounding the arrests, detention conditions, medical state of the detainees and the precise causes and timing of the deaths.
According to him, investigators should have unrestricted access to custody registers, arrest records, duty rosters, communication logs, medical records, surviving detainees, officers involved in the operation and the detention facility itself.
“The families deserve the truth, the public deserves accountability and the NSCDC itself needs a credible process that separates verified facts from speculation,” he said.
Gumel said the Federal Government’s decision to establish an independent committee, suspend affected personnel and preserve relevant records represented an important initial step, but stressed that the credibility of the process would depend on how it was implemented.
He said investigators must be protected from interference and should ensure that witnesses are safeguarded and the chain of custody for evidence is maintained.
“The independence of the investigation process will be judged by conduct, not merely by the committee’s title,” he said.
He further called for the involvement of qualified medical and forensic experts in determining the causes of death, adding that civil society organisations and representatives of affected communities should be allowed to monitor the process within the limits of the law.
Gumel cautioned against treating unverified claims about the deaths as established facts.
“Claims of illness, suffocation, assault, chemical exposure or any other cause must be tested through proper forensic and medical examination,” he said.
He urged authorities to preserve the bodies and relevant samples where possible, examine the detention scene and interview witnesses separately to allow evidence to determine what happened.
On the legal powers of the NSCDC to arrest suspected illegal miners, Gumel said the Corps could exercise arrest and investigative powers under its enabling legislation, but must remain within constitutional and legal safeguards.
He explained that the Nigerian Minerals and Mining Act 2007 places the regulation and direct enforcement of mining operations primarily under the ministry responsible for solid minerals, particularly through the Mines Inspectorate and authorised officers.
According to him, the NSCDC derives its own powers from the Nigeria Security and Civil Defence Corps Act 2003, as amended in 2007, which gives the Corps responsibilities including the protection of critical national assets and infrastructure, as well as powers relating to arrest, detention and investigation.
He said the Mining Marshals, a specialised NSCDC unit, operate in collaboration with the Ministry of Solid Minerals Development and Federal Mines Officers in combating illegal mining.
Gumel, however, stressed that arresting suspected offenders did not give security personnel the authority to punish them.
“The power to arrest is never a power to punish,” he said.
The retired police officer also rejected arguments that the detainees were responsible for their fate because they were suspected of illegal mining.
He acknowledged the security and economic consequences of illegal mining but said suspected offenders remained entitled to legal and constitutional protections.
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“Illegal mining must be confronted because it damages the economy, funds criminal networks, destroys the environment and can worsen insecurity. However, a suspected offence does not remove a person’s constitutional rights,” he said.
Gumel said if negligence or unlawful conduct was established, investigators should examine responsibility across the entire chain of command, including arresting officers, detention personnel, supervisors, medical personnel and commanders.
He said individual responsibility should not be concealed behind institutional structures, while command responsibility should also be examined where leaders knew, or ought reasonably to have known, about circumstances requiring intervention.
On the suspension of affected personnel, Gumel said such measures should not be regarded as punishment or a substitute for prosecution.
“Suspensions and protective custody are temporary administrative measures, not a final determination of guilt,” he said.
He added that where evidence established criminal conduct, suspects should be investigated, prosecuted where appropriate and given a fair trial.
Gumel called for proper identification of all the deceased and dignified notification of their families, saying families should have access to relevant information and lawful documentation.
Where state responsibility, negligence or unlawful conduct is established, he said the affected families should receive compensation and other forms of redress.
He, however, stressed that financial compensation alone could not replace truth, accountability and reforms aimed at preventing similar incidents.
On growing public anger, Gumel urged authorities to communicate openly and consistently with residents and other stakeholders in Niger State.
He called for the involvement of traditional rulers, religious leaders, community leaders, youth representatives and civil society organisations in efforts to reduce tension and restore confidence.
“Silence and contradictory statements create suspicion. Credible information and visible accountability are the best ways to reduce tension and preserve public confidence,” he said.
Gumel also advocated nationwide reforms in the management of detainees, including accurate custody registers, adequate ventilation, access to water, medical screening, occupancy limits, supervisory inspections and emergency procedures.
He urged security agencies to provide regular training for arresting and detention officers, while independent bodies should conduct unannounced inspections of detention facilities.
He further recommended that every death in custody should automatically trigger a forensic investigation and mandatory external review.
As an immediate measure, Gumel advocated the wider activation of the Police Duty Solicitor Scheme (PDSS), which provides arrested persons with early access to legal assistance and facilitates review of arrest and detention conditions.
He said the scheme had proved useful during his tenure as Commissioner of Police in Kano State between 2023 and 2024.
“I saw its practical value firsthand when I served as Commissioner of Police in Kano State from 2023 to 2024,” he said, adding that the scheme improved coordination, encouraged lawful custody management and helped resolve cases that should not remain in detention.
Gumel warned that poor handling of the Niger incident could undermine public confidence in the NSCDC and other security agencies, but said a credible investigation could strengthen accountability and protect professional officers from collective blame.
He said a credible investigation should identify all the deceased, establish the medically supported causes and circumstances of their deaths, explain the sequence of events, identify those responsible where evidence permits and recommend appropriate criminal, disciplinary and administrative action.
“The report must lead to action, not remain on a shelf,” he said.
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Gumel concluded by urging the government and investigators to establish the facts quickly and independently, treat the families of the deceased with dignity and ensure that anyone found responsible faces the law.
“Supporting security agencies does not mean excusing misconduct, and defending human rights does not mean supporting crime. Accountability and effective security must go together,” he said.
