More questions and growing calls for a comprehensive and independent investigation have continued to trail the death of 26-year-old Mary Habila at the Ebonyi residence of the Minister of Works, David Umahi.

Habila, who her father described as the minister’s personal nurse, reportedly died on June 27, and her body was found inside a room in one of the buildings within the minister’s country home in Uburu, Ohaozara Local Government Area of Ebonyi State.

Her death, however, did not come to public attention until July 11, nearly two weeks later, when Sahara Reporters first reported the incident.

Although Umahi has denied any wrongdoing or foul play and, through his lawyers, called for a post-mortem examination to determine the cause of death, the deceased’s father has approached the Ebonyi State High Court seeking to stop the police from carrying out an autopsy and discontinue further investigation into the case.

The family’s position has sparked fresh controversy, with lawyers arguing that it runs contrary to established criminal investigation procedures, particularly where the circumstances surrounding a death remain unclear.

Meanwhile, pressure has continued to mount on the authorities to ensure an independent investigation.

Lawyers, rights activists, social media users and other Nigerians, including former Vice President Atiku Abubakar, have urged the Inspector-General of Police to transfer the investigation from the Ebonyi State Police Command to the Force Headquarters to guarantee transparency and public confidence.

Atiku also called on President Bola Ahmed Tinubu to direct Umahi to temporarily step aside as Minister of Works pending the outcome of investigations, arguing that such action would allow an independent probe free from perceptions of interference.

An obituary poster circulating online indicated that she was to be buried at the Deeper Life Bible Church, Nok, in Jaba Local Government Area of Kaduna State. However, family sources confirmed that the burial would no longer hold as scheduled.

Henry Marah, member representing Jaba Constituency in Kaduna State House of Assembly, also confirmed the postponement of the burial.

Although no official reason was given, the postponement comes amid the police’ insistence that investigations would continue despite the family’s request for the release of the body.

DPP’s legal advice

A legal advice reportedly issued by the Ebonyi State Ministry of Justice also highlighted unresolved questions surrounding the cause of Habila’s death.

In the advice signed by J.U. Chukwu, Director of Public Prosecutions (DPP), and addressed to the Deputy Commissioner of Police in charge of the State Criminal Investigation Department, the ministry acknowledged the family’s request but noted that critical issues remained unanswered.

The DPP advised the police to “invoke their discretionary power to either respect the request of the deceased’s family or proceed with the post-mortem examination.”

The legal advice listed observations made during the preliminary investigation, including that Habila was alone when she was found dead in her room.

It further stated that she was discovered lying lifeless on the floor, naked, with blood stains around her nose and mouth.

The DPP also noted that available evidence suggested she had not been ill before her death.

“That there was no evidence that the deceased was indisposed, sick or unstable health-wise prior to her sudden death, as she was full of life at the time she returned to Uburu in company of her team,” the advice stated.

He concluded that the circumstances naturally raised questions requiring scientific investigation.

“The question that would readily come to mind is what exactly caused the deceased’s sudden death? This curiosity under the law can only be resolved through a post-mortem examination, so as to provide a clue to the police as to the direction of their investigation.”

Father rejects autopsy, seeks end to investigation

In an affidavit deposed to on July 13, Habila’s father, Tanko Habila, urged the court to order the police to discontinue the investigation and release his daughter’s remains for burial.

While expressing appreciation for efforts to determine the cause of death, he insisted that neither he nor his family would consent to an autopsy.

“While I welcome steps being taken to unravel the cause of my daughter’s death, my family and I will not accept any autopsy,” the affidavit stated.

The affidavit also revealed details of Habila’s employment.

It stated that she was a staff member of the David Umahi Federal University of Medical Sciences who had been seconded to the Federal Ministry of Works in Abuja about three years before her death.

According to the affidavit, she served as the minister’s personal nurse and was among his immediate staff, residing at the minister’s guest house in Abuja and at the staff quarters in Ebonyi whenever official duties required.

The father further appealed that the family wished “to leave her body and organs intact” and therefore opposed both the autopsy and further investigation.

He added that he did not intend to honour any future invitation by either the police or the court because the family did not suspect foul play.

“I was never induced, coerced or influenced in any way by anybody to make these depositions,” he added.

Family cannot stop autopsy, says lawyer

Legal practitioner and rights activist Hameed Jimoh, however, said the family lacks the legal authority to prevent the police from conducting an autopsy where circumstances surrounding a death warrant criminal investigation.

He explained that the investigation of suspicious or unnatural deaths falls within the statutory responsibility of the police and is ultimately a matter between the state and society rather than a private family affair.

“Criminal investigation in cases of alleged murder or suspicious death is the sole responsibility of the police,” he said.

“The government has obligations under international human rights law to respect, protect and fulfil the right to life. Therefore, where the loss of life of a citizen is involved, the matter becomes one for the state.”

According to him, an autopsy remains one of the recognised forensic tools available to investigators in determining the cause and circumstances of death.

“In my humble opinion, the family has no legal capacity to stop either the investigation or an autopsy where it is considered necessary.” (Excerpted from a Daily Trust report)

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