The Rule of Law and Accountability Advocacy Centre (RULAAC) has expressed concern over reports of alleged threats directed at the leadership of the Southern Kaduna Peoples Union (SOKAPU) following its decision to seek judicial intervention for an independent investigation into the death of 26-year-old Mary Habila, who died under sudden and unexplained circumstances at the country home of the Honourable Minister of Works, Senator David Umahi.
Asking for an independent, impartial and effective investigation into an unnatural or suspicious death is neither an accusation of guilt nor an act of persecution. It is a legitimate exercise of constitutional rights and a fundamental requirement of the rule of law. Nigerian law, the Constitution of the Federal Republic of Nigeria, and Nigeria’s obligations under regional and international human rights instruments all require that suspicious deaths be investigated promptly, thoroughly, independently and transparently, RULAAC said.
Where a person dies unexpectedly while in the residence, custody or care of another, particularly a public official, the authorities have a heightened duty to establish the facts through a credible investigation capable of commanding public confidence. Such an investigation protects not only the rights of the deceased and her family but also the reputation of any person who may ultimately be found not to have been responsible.
RULAAC therefore considers it inappropriate and counterproductive for anyone seeking an independent investigation to be subjected to intimidation or threats of legal harassment. If the reported threats are accurate, they risk undermining public confidence in the pursuit of justice and may discourage citizens and civil society organisations from exercising their constitutional rights.
We note that the Honourable Minister has consistently denied any wrongdoing and has publicly expressed support for a forensic autopsy. That position should naturally extend to supporting an independent, transparent and credible investigation free from intimidation or undue influence.
RULAAC reiterates its earlier call on the Inspector-General of Police to ensure that the investigation is conducted professionally, impartially and transparently. The forensic examination and all other investigative steps should be carried out in accordance with international best practices, with findings made available through the appropriate legal processes.
Justice requires that every suspicious death be investigated without fear or favour. Calling for such an investigation is not a declaration of guilt; it is a demand that the truth be established through due process. Those advocating for accountability should not be threatened or intimidated for seeking justice.
RULAAC further observes that public confidence in this investigation is especially important because questions have previously arisen in relation to other matters associated with the Minister that have generated significant public concern. This makes it all the more imperative that the present investigation is demonstrably independent, transparent and capable of dispelling any perception of bias or impunity.
The rule of law demands no less.
- Signed: Okechukwu Nwanguma, Executive Director, Rule of Law and Accountability Advocacy Centre (RULAAC)