NSCDC Mining Marshals: Niger Deaths Denial Amidst Inquiry

• The NSCDC Mining Marshals have denied any involvement in a fatal September 16 operation at M.I. Wushishi Housing Estate in Minna, Niger State.
• Assistant Commandant of Corps John Attah stated that the suspended Niger State Commandant, Suberu Aniviye, lacked the authority to deploy Mining Marshals personnel.
• Mining Marshals operate exclusively from their national headquarters under the Commandant-General, not under state commands, and their records confirm no personnel were involved.
• The unit's enforcement activities are guided by the Nigerian Minerals and Mining Act 2007, with claims of professional conduct and no human rights violations.
• An ongoing Justice Mohammed Mohammed Commission of Inquiry is investigating the circumstances of the incident and the conduct of security personnel.

The unit operates exclusively from the National Headquarters under the direct command, control and operational directives of the Commandant-General, in collaboration with the Ministry of Solid Minerals Development.

The Nigeria Security and Civil Defence Corps (NSCDC) Mining Marshals have officially disavowed any participation in a September 16 operation that resulted in fatalities at the M.I. Wushishi Housing Estate in Minna, Niger State. This denial comes amidst an ongoing investigation by the Justice Mohammed Mohammed Commission of Inquiry, which is scrutinizing the circumstances of the incident and the conduct of security personnel involved.

Assistant Commandant of Corps John Attah, who commands the Mining Marshals, issued a statement refuting claims made by the suspended Niger State Commandant of the NSCDC, Suberu Aniviye. Aniviye had reportedly asserted that he deployed Mining Marshals personnel to the site. Attah, however, labeled these assertions as both false and misleading, emphasizing that Aniviye's account fundamentally misrepresents the operational jurisdiction and command structure of the specialized unit.

Attah unequivocally stated that no personnel from the Mining Marshals unit are assigned to the Niger State Command or, indeed, to any state command within the Corps. He clarified that the unit's operations are directed solely from its national headquarters, functioning under the direct command, control, and operational directives of the Commandant-General, in close cooperation with the Ministry of Solid Minerals Development.

This structure means that a state commandant possesses no authority to deploy Mining Marshals for any operation. Attah further highlighted that the Commandant-General had previously indicated in various public forums that the Mining Marshals were not involved in the Minna operation. As the Commander of Mining Marshals operations, Attah himself was unaware of the incident until news of the unfortunate event became public, underscoring that any alleged involvement of the unit was inconsistent with its established chain of command and operational records.

The Mining Marshals' operational records confirm that none of its personnel were deployed or participated in the September 16 incident. Attah cautioned against attempts to link the unit to the 'custodial deaths' currently under investigation, asserting that the unit's enforcement activities are conducted professionally and strictly in accordance with the Nigerian Minerals and Mining Act, 2007.

Since its inception, the unit claims to have maintained rigorous adherence to its rules of engagement, with no documented instances of human rights violations across its nationwide operations and no pending Fundamental Human Rights Enforcement suits in any Nigerian court. This operational discipline is attributed to the standard operating procedures implemented under the leadership of NSCDC Commandant-General, Professor Ahmed Audi, and the Minister of Solid Minerals Development, Dr. Dele Alake. The unit remains committed to sanitizing Nigeria's solid minerals sector and urges media organizations to verify information about its operations directly from its national headquarters.

This definitive clarification regarding the command structure and deployment authority of the NSCDC Mining Marshals holds significant implications for accountability within Nigeria's security apparatus, particularly concerning the solid minerals sector. By explicitly stating that state commands lack the power to deploy these specialized units, the NSCDC national leadership delineates clear lines of responsibility and legitimate operational protocols.

Such distinctions are crucial for assessing liability, compliance risks, and the legitimacy of enforcement actions by NSCDC personnel. The ongoing Justice Mohammed Mohammed Commission of Inquiry will undoubtedly consider these official statements as it investigates the Minna incident, reinforcing the importance of understanding the precise chain of command for security forces operating in sensitive sectors.

This development clarifies the official operational authority and chain of command for NSCDC Mining Marshals, indicating that state commands lack deployment power. Lawyers advising clients in Nigeria's solid minerals sector should note this distinction to accurately assess liability, compliance risks, and the legitimacy of enforcement actions by NSCDC personnel, particularly in light of ongoing investigations into incidents involving security forces.

Source: Original reporting via PUNCH