Mary Habila: Government Has Legal Obligation to Probe Suspicious Death

A legal practitioner, Liborous Oshoma, has said the government is legally required to investigate the death of the late nurse Mary Habila, despite the family’s refusal to allow an autopsy.

Oshoma made the remarks after Mary’s father rejected plans for a post-mortem examination and instead asked the police to release her body for burial.

Mary Habila died on June 27, 2026, at the Ebonyi residence of the Minister of Works, Senator David Umahi. Since her death, the circumstances surrounding the incident have attracted public attention, with the minister calling for an autopsy to determine the cause of death. However, her father, Tanko Habila Wisdom, insisted that the family did not want an autopsy and only wanted her remains released for burial.

According to Oshoma, Nigerian law places the responsibility of investigating sudden, suspicious or unnatural deaths on the government. He explained that the Coroner’s System Laws in various states, including Ebonyi State, together with the Administration of Criminal Justice Act (ACJA), require authorities to investigate such cases.

He said that unlike civil matters, cases involving suspected homicide or suspicious deaths are criminal matters handled by the state. As a result, relatives of the deceased cannot legally stop an investigation once law enforcement agencies have begun their inquiries.

The lawyer explained that while a parent or family member may express opposition to an autopsy or even file legal documents stating their position, the state has the legal authority to continue its investigation where criminal activity is suspected.

He added that allowing families to prevent post-mortem examinations in suspicious cases could create opportunities for evidence to be hidden or destroyed. According to him, the Ebonyi State Police Command can lawfully obtain a court order permitting it to retain the body and conduct an autopsy even if the family objects.

The National Association of Nigerian Students (NANS) also supported the call for an autopsy, saying it was necessary to establish the actual cause of Mary Habila’s death.

The association criticised the Northern Youth Council for demanding the removal of the Minister of Works over the incident before investigations had been concluded.

In a statement signed by its National President, Akinteye Babatunde Afeez, NANS said a post-mortem examination would help establish the facts surrounding the case. The association noted that beyond representing students, it also has a duty to contribute to national discussions and promote accountability.

NANS described the death of the young nurse as a serious matter that should not be used for political purposes or personal interests.

The association also noted that Umahi had consistently supported a proper investigation into the incident and had reportedly requested an autopsy to determine the cause of death.

It questioned the basis for calls asking the minister to step aside despite his reported willingness to cooperate with investigators.

According to NANS, any group genuinely interested in justice should support an impartial investigation instead of demanding sanctions before the facts are established. It added that no individual should be judged on allegations that have not been proven.

Meanwhile, the Habila family has formally petitioned the Inspector-General of Police, requesting the immediate release of Mary’s body for burial.

The petition was submitted on Friday at the Force Headquarters in Abuja by Mary’s father, Tanko Habila Wisdom, accompanied by family members, legal representatives and one of the deceased’s colleagues, Anita Baaki.

Speaking after submitting the petition, the family’s lawyer, Kaile Yusuf, said they wanted to correct what he described as misinformation circulating about the deceased.

He explained that Mary Habila was a nurse and not a physiotherapist. According to him, she was employed by the David Umahi Federal University of Health Sciences, Uburu, before she was posted to the office of the Minister of Works, where she served for about three years.

Yusuf alleged that some individuals were trying to politicise the incident. He also confirmed that although the minister had repeatedly requested an autopsy, the family had declined because of personal, cultural and traditional reasons.

The family said it had fulfilled all conditions required by the Ebonyi State Police Command to collect Mary’s body but claimed that nearly three weeks after her death, the remains had still not been released.

Her father appealed for the release of the body, saying the family only wished to give their daughter a proper burial without further delay.

Asked whether he suspected anyone in connection with his daughter’s death, Tanko Habila said he did not accuse anybody, adding that death can happen unexpectedly and that his only concern was to bury his daughter.

Mary’s colleague, Anita Baaki, also dismissed claims that she and the deceased had been brought from elsewhere to work for the minister.

She stated that they had both worked with the minister for a long time, explaining that she served as a physiotherapist while Mary worked as a nurse.

In the petition dated July 17, 2026, and addressed to the Inspector-General of Police, the family accused the Ebonyi State Commissioner of Police of refusing to release the body despite repeated applications and compliance with all official requirements.

The family said the continued refusal had caused emotional pain and financial hardship while preventing them from carrying out burial rites.

Among their requests, they asked the Inspector-General of Police to transfer the investigation from the Ebonyi State Police Command to the Force Headquarters in Abuja, direct the immediate release of Mary’s remains and take disciplinary action against any officer found to have acted improperly.

As of the time of filing the report, the Nigeria Police Force had not issued any official response to the family’s petition.