The recent death of Mary Habila, a member of the medical team attached to the Honourable Minister of Works, Senator David Umahi, raises an important legal issue that goes far beyond the personalities involved. Mary died on 27 June 2026 at a staff chalet within the Minister's country home in Uburu, Ebonyi State, while on official assignment. Following her death, the Ebonyi State Police Command commenced an investigation.

Subsequently, the deceased's father reportedly deposed to an affidavit expressing the family's opposition to an autopsy and indicating that they did not suspect foul play. Whatever the family's position may be, that affidavit does not alter the legal position under Nigerian law.

This is because homicide is an offence against the State—not merely against the deceased or the deceased's family. Whether the death resulted from murder, manslaughter, criminal negligence, natural causes or any other circumstance is a question that only a lawful and independent investigation can answer.

The Constitution of the Federal Republic of Nigeria, the Police Act, the Criminal Code, the Administration of Criminal Justice laws and the Coroners' legal framework collectively impose a duty on law enforcement authorities to investigate every suspicious, sudden or unexplained death. Where necessary, a forensic autopsy and a coroner's inquest are lawful investigative tools for establishing the true cause of death before any prosecutorial decision is made.

A family affidavit cannot legally substitute for a criminal investigation. Neither forgiveness by relatives nor a declaration that they suspect no foul play relieves the State of its constitutional and statutory responsibility to investigate where the circumstances require it. The obligation exists to protect not only the deceased but society as a whole.

If affidavits were sufficient to terminate homicide investigations, the criminal justice system would become vulnerable to intimidation, inducement, influence, fear or even genuine misunderstanding. The law wisely vests the responsibility for investigating suspicious deaths in the State so that justice is determined by credible evidence rather than private agreements or sentiments.

This is not about Senator David Umahi. It is not about the Habila family. It is about preserving the integrity of Nigeria's criminal justice system. Every unexplained death deserves a thorough, independent and professional investigation. Only then can the truth be established, the innocent protected and, where necessary, those responsible brought to justice.

Barr. Philip O. Orbih
Executive Director
Porb Justice and Development Initiative (PJDI)