Mary Habila: Government has legal obligation to probe suspicious death — Oshoma

By Adesina Wahab, Henry Ojelu & John Alechenu

Following the objection of the father of late Miss Mary Habila for an autopsy to be carried out on his daughter’s corpse, a legal practitioner, Mr Liborous Oshoma has said that under the Coroner’s System Laws of Nigerian states (including Ebonyi State) and the Administration of Criminal Justice Act (ACJA), the government has a legal obligation to investigate any sudden, unnatural, or suspicious death.

Read Also: Mary Habila’s family petitions IGP, demands release of body for burial

Mary Habila, a nurse died on June 27, 2026 at the Ebonyi residence of the Minister of Works, Senator David Umahi. The Minister had called for an autopsy to be carried out to determine the cause of death which the police had insisted on doing but the father of the deceased, Mr Tanko Habila Wisdom said the family was not interested in any autopsy and the police should release the remains of her daughter for burial.

Stating the position of the law, a legal practitioner, Mr Liborous Oshoma argued that under the Nigerian criminal law, a family or father does not have the legal right to block an autopsy if the state suspects a crime. According to him, while it is legal for a father to express his wishes and file an affidavit, the state holds the ultimate legal authority to override his request.

He submitted that, “in civil cases, a complainant can choose to drop their complaint, however murder or suspicious death is a criminal offense against the state and not a private civil matter.

Under the Coroner’s System Laws of Nigerian states (including Ebonyi State) and the Administration of Criminal Justice Act (ACJA), the government has a legal obligation to investigate any sudden, unnatural, or suspicious death.

“Therefore a homicide or suspicious death is considered a crime against society and once the police open a criminal file, the family loses the right to command or halt the investigation. Because if families are allowed to legally veto autopsies, it would open the door for killers to bribe or pressure families into hiding evidence. In the alternative, the Ebonyi State Police Command can legally secure a court order, through the state judiciary, to detain the body and conduct the post-mortem, even against the family’s direct written objections”.

The National Association of Nigerian Students (NANS) has also said that an autopsy is necessary to determine the actual cause of death of Miss Mary Habila, even as it criticised the Northern Youth Council for demanding the removal of the minister over the incident.

NANS, in a statement by its National President, Akinteye Babatunde Afeez, said the decision to subject the deceased to a post-mortem examination should be respected as it would help establish the facts surrounding the incident. The association said its role extends beyond students’ welfare advocacy, noting that it also has a responsibility to contribute to national issues, policy discussions and accountability in public institutions.

According to NANS, the death of a young Nigerian is a serious matter that should not be exploited by individuals or groups for personal interests, political motives or sentiments. The statement noted that Umahi had consistently maintained that the circumstances surrounding Miss Habila’s death should be properly investigated and that he had reportedly requested an autopsy to determine the cause of death.

NANS questioned the rationale behind the Northern Youth Council’s call for the minister to step aside despite his reported willingness to support an investigation into the matter.

The association said any group genuinely interested in justice would support an impartial process to uncover the truth rather than demand the removal of an individual before the conclusion of investigations. It described the council’s action as misplaced, arguing that the minister should not be judged based on unproven allegations.

Habila family writes IGP, demands release of corpse

Meanwhile, the family of late Miss Mary Habila, has petitioned the Inspector General of Police demanding the release of their daughter’s remains. The family, led by the father, Mr Tanko Habila Wisdom, submitted the petition on Friday at the Force Headquarters in Abuja. They were joined by their lawyer, Mr Kaile Yusuf, and a colleague of the deceased, Miss Anita Baaki.

Speaking to reporters, shortly after submitting the petition, Yusuf said the media briefing was to correct the erroneous information being peddled about the late Mary.

He said, “Mary Habila was not a physiotherapist. She was a nurse. She was employed by David Umahi Federal University of Health Sciences, Uburu, and was later seconded to the minister’s office. She worked there for about three years. If it were not for privacy reasons, we would have shown you her appointment letter and payslip to prove she was a civil servant.”

Yusuf alleged that some people were trying to politicize the matter. He also disclosed that while the minister had asked for an autopsy several times, the family was against it. “The family has decided not to allow an autopsy for personal, cultural and traditional reasons,” the lawyer said.

The family said they had met all the requirements demanded by the Ebonyi State Police Command to collect the body, but almost three weeks after her death, the corpse had not been released. The father, Mr. Habila, said he just wanted to bury his daughter. “I don’t have much to say. All I am asking for is the corpse of my daughter so I can bury her. We don’t keep a dead child for this long,” he said.

Asked if he suspected anyone, he said: “I am not suspecting anybody. Death happens. Even now, someone can fall down and die. It has happened. We just want her body.”

Speaking about claims that the deceased and others were “transported” to work for the minister, Miss Baaki, who described herself as a physiotherapist and colleague of Mary, said such claims were untrue.

She said, “We were not transported from anywhere. We have been working with the minister for a long time. I am a physiotherapist. She was the nurse.”

In the petition addressed to the IGP and dated July 17, 2026, the family accused the Ebonyi Commissioner of Police of refusing to release the body without any lawful reason. “Despite repeated applications and compliance with all requirements, the Commissioner has failed to release the corpse. This has caused the family emotional and financial hardship and denied us the right to perform burial rites,” the petition stated. The family asked the IGP to: transfer the case from Ebonyi to Force Headquarters, Abuja, order the immediate release of the body to the family and sanction any officer found to have acted wrongly

The police which is said to be investigating the incident is yet to comment on the petition as at the time of filing this report.