By Michael Oche
International Lawyers Assisting Workers (ILAW) Network members in Nigeria have protested the exclusion of organised labour from the committee constituted by the Federal Government to investigate the deaths of 37 miners and workers in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
In a letter addressed to the Minister of Interior, Olubunmi Tunji-Ojo, the lawyers described the composition of the 10-member investigative committee as “exclusive and restrictive”, arguing that it failed to include representatives of the deceased, survivors, workers’ organisations and other relevant stakeholders.
In the letter signed by Femi Oborisade, Bashman Mohammed and Adewale Williams, the organisation called for the reconstitution of the committee to ensure an “independent, credible and victim-centred inquiry” into the circumstances surrounding the deaths.
ILAW, which represents legal practitioners, academics and advocates in more than 100 countries, argued that the exclusion of organised labour was particularly concerning because the deceased were workers and their deaths occurred while they were in state custody.
The letter copied to the Minister of Labour and Employment, Attorney General of the Federation, Niger State Governor, said the absence of labour representatives also ran contrary to the principle of tripartism, noting that Nigeria, as a member of the International Labour Organisation (ILO) and a party to the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), had obligations to consult workers’ representatives on matters affecting workers’ welfare and safety.
“An investigation into the deaths of 37 workers under questionable circumstances deserves the inputs of all critical stakeholders,” the letter said.
The lawyers also cautioned against allowing the description of the deceased as “illegal miners” to influence the conduct of the investigation or determine their entitlement to a fair inquiry.
It argued that regardless of the regulatory status of the mining site, the deceased were Nigerian citizens and/or persons engaged in work that sustained their families.
The legal practitioners consequently called for representatives of the families of the deceased and survivors, community representatives, forensic medical experts, building or ventilation experts, professional photographers or videographers and worker representatives to be included in the committee.
They specifically requested the inclusion of nominees of the Nigeria Labour Congress (NLC) and the Trade Union Congress (TUC), with full membership status.
The organisation also called for representatives of relevant professional and democratic bodies, including the Nigerian Bar Association (NBA), Nigeria Union of Journalists (NUJ), Nigeria Medical Association (NMA), National Association of Resident Doctors (NARD) and relevant nursing and midwifery unions.
It further requested representation by ILAW or, alternatively, observer status with full access to the proceedings and relevant records.
Beyond the composition of the panel, ILAW demanded greater transparency in the investigation, including the publication of the instrument establishing the committee, the names and backgrounds of its members and its terms of reference.
The lawyers also demanded the preservation of evidence that could be relevant to the investigation, including the identities and records of the deceased and survivors, arrest and detention records, CCTV footage, custody registers, communication records involving officers responsible for the detainees, medical and post-mortem records, death certificates and mortuary registers.
Other evidence they asked the authorities to preserve included records relating to food, water and medical treatment provided to detainees, requests for medical assistance, hospital referrals, conditions of the cells where the deceased and survivors were held, reports submitted by the Niger State Command to NSCDC headquarters and records relating to the suspension of officers.
ILAW warned that physical sites, electronic records and hard-copy documents relevant to the incident should not be destroyed, altered, overwritten or reconstructed.
The lawyers said their demands were made in the public interest and did not prejudice the rights of the victims, survivors and their families, or those of other public interest organisations, to pursue administrative or judicial remedies based on facts that may emerge from the investigation.
