The recent report that a committee has been constituted by the Honourable Minister of Interior to investigate the alleged unlawful detention and extrajudicial killing of 37 Nigerians by operatives of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State has generated serious constitutional and statutory concerns. While the need for accountability is urgent, the legality of the investigating body must be strictly examined under Nigerian law.
The Statutory Framework of the NSCDC
The Nigeria Security and Civil Defence Corps is a creation of statute, established under the Nigeria Security and Civil Defence Corps Act, 2003 as amended in 2007. Section 1(2) of the Act provides that the Corps shall be under the supervision of the Ministry of Interior. Section 2 vests policy formulation in the Minister, while Section 5 lists the functions of the Corps and Section 7 provides for disciplinary powers of the Commandant-General. A careful perusal of the entire 33 sections of the Act reveals that no provision empowers the Minister of Interior to constitute an investigative committee over deaths or extrajudicial killings allegedly committed by operatives of the Corps. The Minister’s powers are limited to policy direction and administrative oversight, not quasi-judicial investigation of capital human rights violations.
Can the Minister of Interior Legally Constitute Such a Committee?
The Minister relies generally on the *Ministers’ Statutory Powers and Duties (Miscellaneous Provisions) Act, Cap M14, Laws of the Federation of Nigeria, 2004 and Section 148 of the 1999 Constitution (as amended), which allows the President to assign duties to Ministers. These provisions confer only administrative powers incidental to their portfolio. They do not confer powers to investigate violations of the right to life under Section 33 and right to dignity under Section 34 of the Constitution.
Any committee set up solely by the Minister without Presidential authorization is therefore a mere internal administrative panel. It lacks the power to summon witnesses on oath, to compel attendance, to order production of documents, and its findings have no legal enforceability. It cannot override a Coroner’s Inquest or an independent investigation by the National Human Rights Commission under the NHRC Act 2010 as amended. For it to have legal validity, the Minister must cite the exact statutory provision empowering him, gazette the instrument constituting it, and show a written delegation from the President. No such citation has been made public.
The Legality of a Presidential Committee
Conversely, a Presidential Committee or Tribunal of Inquiry is legally valid and constitutionally grounded. Section 5(1) of the 1999 Constitution vests the executive powers of the Federation in the President. This is operationalized by Section 1 of the Tribunals of Inquiry Act, Cap T21, LFN 2004, which provides:
“The President may constitute a Tribunal of Inquiry to inquire into any matter in respect of which, in his opinion, an inquiry is desirable in the public interest, including the conduct of any officer, the death of any person, or any other matter affecting public welfare.”
Furthermore, Section 1(2) of the same Act empowers such Tribunal to have all powers of a High Court to summon witnesses, take evidence on oath and compel documents. A Presidential Committee constituted under this Act and duly published in the Federal Gazette is the only lawful mechanism to investigate the 37 deaths, apart from a Coroner’s Inquest under the Niger State Coroners Law and an investigation by the NHRC.
Illegality of the Ministerial Committee
The Ministerial Committee is illegal on four grounds. First, it is ultra vires the NSCDC Act. Second, it usurps Presidential powers under Cap T21. Third, it violates constitutional separation of powers and seeks to investigate a constitutional breach (Section 33) without due process. Fourth, there is no gazette, no enabling law cited, and no prosecutorial link under Section 174 of the Constitution* for the Attorney-General to act on its report.
Conclusion
While accountability for the alleged killing of 37 Nigerians is non-negotiable, illegality must not be used to cure illegality. The Minister of Interior has no statutory power to investigate extrajudicial killings. Only a Presidential Tribunal of Inquiry under Cap T21, a Coroner’s Inquest, or an NHRC investigation is lawful. Any Ministerial Committee without a gazetted Presidential delegation is void and liable to be quashed by an order of certiorari. The Minister must publish the law he relied upon, or disband the committee.
Samuel Ihensekhien Jr. is an International Human Rights Advocate and Legal Researcher.