The suspended Niger State Commandant of the Nigeria Security and Civil Defence Corps (NSCDC), Suberu Aniviye, has admitted that the deaths of 37 suspected illegal miners in the agency’s custody could have been prevented, describing the incident as a costly mistake and apologising to the victims’ families.

Aniviye made the admission while testifying before the judicial commission of inquiry chaired by Justice Muhammad Muhammad in Minna, Niger State, which is investigating the circumstances surrounding the deaths in September 2026.

The former commandant expressed regret over the incident and apologised to the bereaved families, the Niger State Government and residents affected by the tragedy.

“A mistake has been made, but a very costly one. My apology to the parents of the deceased and to the people and government of Niger State,” he told the commission.

His testimony has added to growing questions about the treatment of detainees, the conditions inside the detention facility and whether timely intervention by security officials could have prevented the deaths.

The incident occurred after NSCDC personnel arrested suspected illegal miners during enforcement operations around the M.I. Wushishi Housing Estate and Lukoto areas of Minna in September.

Aniviye told the commission that he assumed duty as Niger State commandant on August 25, 2025, and remained in office until September 18, 2026.

According to him, the operation followed complaints from residents who alleged that mining activities were disrupting their community and affecting properties around the M.I. Wushishi Housing Estate.

He said he visited the area on September 15, 2026, and directed the command’s Head of Operations, Assistant Commandant of Corps Joha Achagwa, to act on the complaints.

The directive led to the deployment of the NSCDC’s Mining Marshal Unit, which arrested suspected illegal miners during an operation on the evening of September 16.

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Aniviye said he received a telephone call the following day informing him that some of the detainees had died. He subsequently rushed to the command headquarters, where he found several bodies inside the detention cell.

He told the commission that he contacted Niger State Governor, Umaru Bago, who directed that the bodies be taken to a hospital. He also said he notified the Commissioner of Police and the Director of the Department of State Services.

The suspended commandant disclosed that the suspects were scheduled to be arraigned in court on September 17, but the deaths occurred before the planned proceedings.

The tragedy triggered widespread outrage and renewed calls for accountability over the treatment of people held in the custody of law enforcement agencies.

The Federal Government and the Niger State Government subsequently initiated separate investigations to establish what happened and determine whether officers or other individuals should face disciplinary or criminal consequences.

The National Human Rights Commission also called for an independent investigation and forensic examinations, stressing the need to protect the rights of people in custody regardless of the allegations against them.

The commission also heard testimony from the suspended head of the NSCDC legal unit, Assistant Commandant of Corps Stephen Tsado, who said he had advised Aniviye to release underage suspects to their parents on bail.

Tsado explained that his responsibilities included preparing case files, forwarding cases for prosecution and providing legal advice to the commandant.

He said he discovered that some of those arrested were minors and urged Aniviye to grant them bail to their parents, citing the need to protect their rights. However, the legal officer told the commission that he could not explain why his recommendation was not implemented.

His testimony has raised questions about the handling of underage detainees, the legal basis for their continued detention and whether adequate safeguards were observed during the operation. The commission is expected to examine the decisions made by officers during the arrests and detention, including whether established procedures for handling minors were followed.

A nurse attached to the NSCDC medical unit, Maryam Etang, also testified about her visits to the detention facility on September 16 and 17.

Etang said one of the suspects was coughing severely on September 17, around the time the bodies were being removed from the cell.

She further told the commission that she was surprised to find the body of a man identified as Emeka Emmanuel among those removed from the facility. According to her testimony, Emmanuel was not among the miners arrested during the operation.

Her account has raised additional questions about how Emmanuel came to be held in the detention facility and the circumstances surrounding his death. The commission will need to establish the identities of all the deceased, determine how they came into custody and reconstruct the sequence of events leading to the deaths.

Accounts from survivors have added another dimension to the investigation, with some alleging that detainees were confined in an overcrowded and poorly ventilated cell.

According to reports published by news organisations, survivors described difficulties breathing while in detention and alleged that an unidentified substance was sprayed inside the cell.

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Some reportedly experienced coughing and other breathing difficulties, while others said detainees collapsed and shouted for help.

Reuters reported that survivors described a cell measuring approximately five square metres in which nearly 70 people were allegedly confined. Some survivors described the substance as having a pepper-like smell.

These accounts have not independently established the cause of the deaths or identified who, if anyone, was responsible for the alleged spraying.

The NSCDC initially suggested a possible disease outbreak, but the actual cause of death remained subject to medical and forensic investigation in the reports reviewed.

Establishing the precise cause of death is critical to determining whether the incident resulted from overcrowding, exposure to a substance, an infectious disease, other medical complications or a combination of factors.

A Federal Government investigative committee chaired by retired Department of State Services Deputy Director-General Jonathan Kure reported preliminary findings pointing to possible institutional breakdown, inadequate training and overzealousness as issues requiring further examination.

The committee said it had inspected the detention facility and mining site, collected statements from NSCDC personnel, survivors and relatives of the deceased, and obtained documentary and forensic evidence.

It also conducted autopsies but indicated that further work was required before definitive conclusions could be reached about the circumstances and cause of death.

The panel requested additional time to complete its assignment, citing the volume of evidence to be reviewed, pending pathology reports and the need to allow persons implicated in the incident to respond to allegations against them.

The preliminary observations do not amount to a final determination of criminal responsibility. The committee’s eventual report is expected to clarify the chain of events, identify possible operational failures and recommend measures to prevent similar incidents.

Governor Bago inaugurated a nine-member judicial commission of inquiry on September 23, 2026, to investigate the deaths.

The commission, chaired by Justice Muhammad Muhammad, was tasked with examining the circumstances surrounding the incident and making recommendations to the state government.

Its mandate includes reviewing the legality of the arrests and detention, the conditions in which the suspects were held, their treatment while in custody and the medical and forensic evidence relating to the deaths.

The commission is also expected to examine accountability and determine whether existing procedures were followed by the officers involved.

The reported number of bodies received at the mortuary has also raised questions requiring clarification. While the state government confirmed that 37 detainees died, testimony attributed to a mortician indicated that 33 bodies were delivered to the hospital’s mortuary.

The discrepancy underscores the need for a complete accounting of the victims and a clear explanation of how the bodies were handled after the incident.

President Bola Ahmed Tinubu ordered a comprehensive and transparent investigation, while the Minister of Interior, Olubunmi Tunji-Ojo, announced the suspension of officers connected with the incident.

The investigations are expected to establish the extent of individual and institutional responsibility and determine whether any officers should face disciplinary action or prosecution.

The deaths triggered protests in Minna, prompting the Niger State Government to impose a curfew amid heightened tension. Governor Bago also declared a period of mourning for the victims.

For the bereaved families, Aniviye’s apology is an expression of regret, but it does not resolve the central questions surrounding how dozens of people died while in the custody of a government security agency.

The investigations must establish the cause of the deaths, determine whether the detainees received adequate medical attention, assess compliance with detention procedures and establish whether negligence or other misconduct occurred.

The findings will also be important in determining whether the victims’ families are entitled to further remedies and what measures should be introduced to prevent a recurrence.

Although the suspended commandant has acknowledged that the tragedy could have been avoided, the final reports of the investigative panels remain crucial to establishing the facts and determining accountability.

The case has renewed attention on the responsibility of security agencies to protect the lives and fundamental rights of detainees, ensure appropriate medical care and comply with due process, even when those in custody are suspected of committing offences.