Mary Habila: Family Cannot Stop Autopsy In Suspicious Death Probe — Lawyer

A legal practitioner, Liborous Oshoma, has said the family of late nurse, Miss Mary Habila, cannot legally prevent an autopsy if security agencies consider her death suspicious, insisting that the government is empowered by law to investigate such cases.

Mary died on June 27, 2026, at the Ebonyi residence of the Minister of Works, Senator David Umahi. While the minister has repeatedly called for an autopsy to establish the cause of death, her father, Tanko Habila Wisdom, has maintained that the family does not want a post-mortem examination and has demanded the release of her body for burial.

Explaining the legal position, Oshoma said that under the Coroner’s System Laws applicable in Nigerian states, including Ebonyi, as well as the Administration of Criminal Justice Act (ACJA), authorities are required to investigate every sudden, unnatural or suspicious death.

He argued that unlike civil matters, murder or suspicious death is a criminal offence against the state and cannot be discontinued at the discretion of the deceased’s family.

According to him, while the father has the right to express his objections and even file an affidavit, the government retains the legal authority to proceed with an autopsy where criminal investigation is involved.

“In civil cases, a complainant can choose to drop their complaint. However, murder or suspicious death is a criminal offence 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 …-mortem, even against the family’s direct written objections,” he said.

Also weighing in on the controversy, the National Association of Nigerian Students (NANS) backed calls for an autopsy, saying it is necessary to determine the actual cause of Habila’s death.

In a statement issued by its National President, Akinteye Babatunde Afeez, the association criticised the Northern Youth Council for demanding the removal of Umahi over the incident.

NANS said the death of a young Nigerian should not be politicised or exploited for personal or political interests, adding that a transparent investigation remains the best path to justice.

The association noted that Umahi had consistently maintained that the circumstances surrounding Habila’s death should be thoroughly investigated and had reportedly requested an autopsy.

It questioned the basis for calls seeking the minister’s removal despite his expressed willingness to cooperate with investigators.

According to NANS, any group genuinely interested in justice should support an impartial investigation rather than seek punitive action before the conclusion of police inquiries.

Meanwhile, Habila’s family has petitioned the Inspector-General of Police (IGP), demanding the release of her remains.

The petition, submitted on Friday at the Force Headquarters in Abuja, was presented by her father, Tanko Habila Wisdom, alongside the family’s lawyer, Kaile Yusuf, and one of the deceased’s colleagues, Anita Baaki.

Addressing journalists after submitting the petition, Yusuf clarified that Mary was a nurse, not a physiotherapist as earlier reported.

He said she was employed by the David Umahi Federal University of Health Sciences, Uburu, before being seconded to the minister’s office, where she served for about three years.

Yusuf alleged that some individuals were attempting to politicise the incident and confirmed that although the minister had repeatedly requested an autopsy, the family rejected the proposal on personal, cultural and traditional grounds.

“The family has decided not to allow an autopsy for personal, cultural and traditional reasons,” he said.

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

Appealing for the release of his daughter’s remains, Habila said he only wanted to give her a proper burial.

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

Baaki also dismissed claims that she and the deceased were brought from elsewhere to work for the minister.

“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,” she said.

In the petition dated July 17, 2026, the family accused the Ebonyi State Commissioner of Police of refusing to release the body without lawful justification.

The petition stated that despite repeated applications and compliance with all requirements, the police had continued to withhold the remains, causing emotional and financial hardship while preventing the family from conducting burial rites.

The family urged the IGP to transfer the case from the Ebonyi State Police Command to the Force Headquarters in Abuja, order the immediate release of the body and sanction any officer found to have acted improperly.

The police had yet to comment on the petition as of the time of filing this report.