Concerned Youth Alliance for National Development Condemns Courtroom Death of Titilayo, Demands Independent Probe and Suspension of NDLEA Edo Commander

Concerned Youth Alliance for National Development Condemns Courtroom Death of Titilayo, Demands Independent Probe and Suspension of NDLEA Edo Commander

The Concerned Youth Alliance for National Development (CYAND), led by Convener Comrade Afolayan Timi, expresses deep outrage and sorrow over the tragic death of Mrs. Titilayo (52), who reportedly slumped and died moments after her arraignment at the Federal High Court, Benin City while in the custody of the National Drug Law Enforcement Agency (NDLEA).

Available accounts indicate that the deceased was initially arrested by the Edo State Task Force and later handed over to the NDLEA over allegations relating to the sale of a substance suspected to be cannabis (“Loud”).

Witnesses present in court alleged that she appeared visibly unwell when brought for arraignment. The NDLEA Edo State Commander, Mitchell Ofoyeju, has denied negligence, stating that she walked into the courtroom unaided and that the true cause of death can only be determined by autopsy.

While we acknowledge the Commander’s statement, the contradictions between eyewitness concerns, family accounts, and official explanations make this case one that cannot be glossed over with routine assurances.

A Nigerian citizen has died in the process of being prosecuted by the state. This alone demands the highest level of scrutiny, transparency, and accountability.

Constitutional and Legal Concerns

Under the Constitution of the Federal Republic of Nigeria 1999 (as amended):

Section 35(1) guarantees the right to personal liberty.
Section 35(4) mandates that any arrested person be brought before a court within a reasonable time (24–48 hours depending on proximity to a court).
Section 35(6) provides for compensation and public apology for unlawful detention.
Section 34(1) guarantees the right to dignity of the human person and prohibits inhuman or degrading treatment.

Prolonged detention without timely arraignment, particularly where ill health is alleged, raises serious constitutional questions.

The state bears a duty of care to every person in its custody, including access to medical attention, humane treatment, and protection of life pending trial.

The Administration of Criminal Justice Act 2015 (ACJA) further strengthens these protections.
Section 30: A suspect must be treated humanely and not subjected to degrading treatment.
Section 31: Where a suspect is ill, law enforcement has a duty to provide medical attention.
Sections 293–299: Where immediate arraignment is not possible, the agency must obtain a remand order from a court. No agency has the power to hold a suspect indefinitely without judicial authorization.

Failure to obtain a remand order while keeping a suspect in custody for an extended period is unlawful.

Nigerian courts have consistently condemned unlawful detention and failure to promptly arraign suspects, including in Lufadeju v. Johnson (2007) 8 NWLR (Pt 1037) 535 and Fawehinmi v. IGP (2002) 7 NWLR (Pt 767) 606.

Beyond statutes and constitutional provisions, once a person is in custody, the agency assumes a legal duty of care for that person’s health and safety. Neglect of a sick detainee can amount to negligence, inhuman treatment, and a breach of fundamental rights.

Regardless of the allegation, no suspect forfeits the right to life, dignity, and proper medical care.

CYAND is deeply troubled that this tragedy is not isolated. The Coalition recalls with grave concern a prior NDLEA operation in Edo North in late October 2025, which reportedly resulted in the death of a 16-year-old boy, Emmanuel Monday George, during a raid in Okpuje-Uzeba community of Owan West Local Government Area.

Eyewitness narratives from that incident alleged excessive force and poor operational judgment during the raid, leading to the fatal outcome. Although details of any official findings remain unclear to the public, the incident generated widespread concern within the community regarding rules of engagement, proportionality of force, and accountability.

When viewed alongside the recent courtroom death at the Federal High Court, Benin City, these events raise troubling questions about operational standards, supervision, and safeguards for the protection of human life by the National Drug Law Enforcement Agency Edo State Command.

Our Demands

In view of the gravity of this incident, CYAND calls for the following immediate actions:
1. A fully independent and transparent investigation into the circumstances leading to her death, involving relevant oversight and human rights bodies.
2. A Coroner’s Inquest and autopsy, with findings made public.
3. The immediate suspension of Mitchell Ofoyeju pending the outcome of investigations, to ensure impartiality and public confidence.
4. A comprehensive review of detention, medical screening, and arraignment procedures for suspects in NDLEA and other law enforcement custody nationwide.
5. Accountability and sanctions for any officer found negligent.
6. Compassionate engagement with the family of the deceased and full cooperation with investigative authorities.

A society governed by the rule of law must ensure that even those accused of crimes are protected from harm while in state custody.

The courtroom must remain a place of justice not the site of preventable tragedy.

CYAND stands with the family of the deceased in this painful moment and insists that truth, justice, and accountability must prevail.

Signed:
Comrade Afolayan Timi
Convener, Concerned Youth Alliance for National Development (CYAND)