Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has called for the investigation and prosecution of anyone found responsible for two separate incidents that have claimed at least 85 lives in Niger and Ondo states.
Falana made the demand on Sunday, September 20, 2026, urging the Attorneys-General of Niger and Ondo states to ensure that ongoing investigations lead to criminal accountability where evidence establishes wrongdoing.
His intervention follows the deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Minna, Niger State, and a separate outbreak in Ondo State linked by NAFDAC to locally prepared alcoholic and herbal beverages.
While authorities are investigating both incidents, the circumstances differ significantly. The Niger deaths occurred after arrests connected to alleged illegal mining, while the Ondo deaths followed a reported mass illness outbreak associated with suspected toxic drinks.
Falana said investigations should not end solely with administrative measures if evidence establishes individual criminal responsibility.
Falana specifically urged Niger State Attorney-General Nasiru Mu’azu to ensure that the police conduct a prompt investigation into the deaths of the 37 detainees and that anyone indicted faces prosecution.
The victims were among more than 50 people reportedly arrested during operations targeting suspected illegal mining activities. The deaths were discovered after the detainees had been taken into NSCDC custody.
The circumstances surrounding the deaths remain under investigation.
Authorities have taken several steps since the incident:
- The Federal Government suspended 20 NSCDC officers linked to the incident pending investigation.
- A 10-member investigative committee was constituted to examine what happened.
- The Nigeria Police Force said it would conduct a thorough investigation.
- Medical and forensic examinations, including autopsies, have been initiated.
- Niger State authorities have pledged to cooperate with investigators.
The government has said the investigation should be comprehensive and transparent, while the Inspector-General of Police, Olatunji Disu, said the police had secured the scene to preserve evidence.
Falana also used the Niger incident to renew concerns about the treatment of suspects held in detention facilities.
He called for Nigerian detention centres to comply with the United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Nelson Mandela Rules.
The international standards cover areas including:
- Adequate accommodation
- Ventilation
- Sanitation
- Healthcare
- Humane treatment of people deprived of liberty
Falana referenced a 1980 incident in Lagos in which about 50 suspects reportedly died after being confined in a police transport vehicle at the Tinubu Magistrate Court.
His argument is that the latest deaths should prompt scrutiny beyond the immediate incident, particularly of detention conditions and safeguards for people awaiting trial.
However, the precise cause and individual responsibility for the Niger deaths remain matters for the ongoing investigation. Authorities have not concluded that any particular official or detainee caused the deaths.
In a separate appeal, Falana asked Ondo State Attorney-General Olukayode Ajulo to pursue prosecution against anyone found responsible for the deaths connected to suspected toxic alcoholic and herbal concoctions.
The Ondo outbreak has affected several communities, with NAFDAC reporting 182 cases and 48 deaths as of September 17.
The agency also reported serious injuries among survivors:
- Five people reportedly suffered total blindness.
- Two others suffered partial blindness.
- Fifteen people had been arrested in connection with the production, sale and distribution of the suspected beverages.
NAFDAC’s preliminary laboratory analysis detected high concentrations of methanol in samples of the suspected drinks. The agency has continued surveillance and investigation as authorities work to establish the full circumstances of the outbreak.
The affected areas include Odigbo, Araromi-Obu, New Town, Odole, Okele, Orita Odigbo and Oniparaga, with the highest number of reported cases concentrated around Odigbo Town and Araromi-Obu.
Cases have also been reported in Irele Local Government Area.
The Ondo State Police Command had earlier arrested a person suspected of involvement in the production of substances believed to contain methanol. Police said recovered substances were subjected to forensic examination to determine their composition and possible connection to the deaths.
The development means that the prosecution question raised by Falana depends on the outcome of the ongoing investigations and the evidence gathered against individual suspects.
Although the Niger and Ondo incidents have different causes and circumstances, Falana has linked them through a common demand: that investigations should result in accountability where criminal conduct is established.
In Niger, the central questions include the circumstances surrounding the detention of the suspected illegal miners, the condition of the facility and the events leading to the deaths.
In Ondo, investigators must establish how the suspected toxic beverages were produced, distributed and consumed, as well as determine responsibility for any violations of criminal or regulatory laws.
The distinction is important because arrests, suspensions and investigations do not by themselves establish guilt. Any prosecution would have to follow evidence gathered by the relevant authorities and be determined through due legal process.
The two investigations now face scrutiny from government authorities, civil society groups and the public.
For the Niger incident, the investigative committee and police inquiry are expected to establish the circumstances of the deaths and determine whether any individuals should face criminal charges.
For Ondo, health and law-enforcement agencies must continue tracing the production and distribution chain of the suspected contaminated beverages while investigators establish the circumstances behind the deaths.
Falana’s intervention has therefore shifted attention from the immediate investigations to what happens after their findings are released: whether evidence of criminal wrongdoing will result in prosecutions and whether authorities will introduce measures designed to prevent similar incidents.
The final legal outcomes will depend on the evidence produced by the investigations and subsequent judicial proceedings.
