Understanding the 7 keys To Strengthening Nigeria's Criminal Justice System (Part 2)

"They say you're innocent until proven guilty. But from the moment the police questioned me they assumed I was guilty. It took nearly 18 months and a court case to prove them wrong."

That, is presumption of guilt –which is any presumption within the criminal justice system that a person is guilty of a crime.

 

Even though the opposite (presumption of innocence), is the principle adopted by the Nigerian criminal justice system, unverified reports on the presumption of guilt by criminal investigators are rife.

The onus is on the prosecution to prove beyond a reasonable doubt that the accused is guilty as asserted by the Nigerian Constitution in section 36(5), 1999.

To prove beyond a reasonable doubt becomes easier when scientifically validated proofs are presented. This makes forensics the go-to solution. It is also worthy of mention that, if the prosecution deploys a particular forensic method to prove their case, the defense side can also use the same forensic principle to discredit the evidence of prosecution.

Is that possible? Yes.

 It is a matter of who between the forensic experts from both sides of the aisle have better grip on the principles of the forensic method. All without bias. It would be unethical for forensic experts to tailor forensic analysis and present the evidence in favour of their clients. Objectivity is an ethical core in forensic science.

 It is therefore important for forensic specialists to have thorough grasp of the core principles guiding the deployment of the forensic specialty in question to avoid misleading the court and aiding in the miscarriage of justice.

In the first part of this series, the first four keys to strengthening Nigeria’s criminal justice system laid emphasis on acceptance, advocacy and laws of forensic science by stakeholders, and the need for the development of adequate standard labs to serve the demands on the justice system.

The last part of this series would focus on the responsibility on members of the government, forensic community and allied service providers to provide quality forensic service delivery that is affordable, accessible and reliable.

 

Read: Understanding the 7 Keys to Strengthening Nigeria's Criminal Justice System (Part 1)

5. The Forensic Experts

A considerable number of forensic professionals in Nigeria obtained their training from countries with better forensic capabilities and stronger justice systems. Many of them rely on international professional bodies and institutions for their certifications. The reason is obvious. There were hardly reliable forensic training institutes in the country to provide the required level of proficiency needed for private practice.

This situation has changed.

A diligent search online will now reveal quite an appreciable number of forensic training firms and institutions in Nigeria. Whether these forensic institutes in Nigeria provide quality training and knowledge or not is a different thing altogether. Presently, schools like the University of Ibadan, University of Lagos and the Police Academy Wudil in Kano offer varying levels of courses in forensic sciences.

Graduands from these institutions are expected to have at the least, obtained sufficient knowledge on the rudiments of forensic science, basic crime scene management and expert witnessing.

 

An advice to prospective forensic experts is to pursue their forensic discipline of interest from a trustworthy institution with proven capacity to impart requisite knowledge whether within or outside the country. There is also need for experts to engage in continuous research to help minimize forensic loopholes and strengthen the science within invalidated forensic specialties.

Judge Edwards had also noted that there was also need for more top scientists to be engaged in serious research to determine the validity and reliability of forensic methods. And these individuals are needed to appear in court to explain the limits of the forensic evidence to judges and juries, lawyers, prosecutors and the public.

As stated earlier, each forensic science discipline is an applied form of its corresponding scientific branch. Forensic accounting simply applies accounting techniques to matters of the law. The same goes for Botany, Geoforensics and Archaeology. It would be quite a blessing for members of these forensic specialties in Nigeria to form professional forensic specialty groups of their own with the aim of fostering research, providing as well as demystifying the uncertainties and complexities associated with that forensic specialty. The uniqueness of these specialty groups has to be appreciated and has the benefit of sensitizing non-specialty stakeholders on the limits and scientific validity of their forensic methods.

The formation of these specialized working groups does not and should not, in any way, hinder the promotion and establishment of a unified umbrella body. In fact, this umbrella body should be administered by representatives from existing forensic specialty groups.

 

6. The Industry

It would be short-sighted to fail to see the potential market growth of forensics as demands for better investigative methods increase. BusinessWire recently quoted notable market research company Technavio as saying that, the Global Forensic Technologies market will grow by $8.88 billion during 2020-2024. This is slightly more than the market growth forecast for the food and beverage industry which is put at $8,638.2 billion within the same period.

The obvious question is now, how can Nigeria position itself to partake and benefit from this very large market? Or more specifically speaking, how can members of the forensic science community and enthusiast, willing to take forensics into mainstream investigation, take advantage of the potential market share of the forensic industry?

The fact is, there is hardly no forensic discipline that is not technologically driven or inclined given by the need for automation of processes, hence the more reason why stakeholders have to take this forensics issue as serious business. As attention is given to other markets within the national economy, the forensic market needs to be nurtured and encouraged to thrive. A thriving forensic market implies that manufacturers and retailers would be given access to financial credits and attractive incentives to innovate and expand their businesses, helping them to keep up with increased demands for standard forensic equipment and quality services.

Increased research within the forensic community means innovative ways of achieving better outcomes in terms of forensic service deliverables. The more forensic labs with different specialties there are, the more orders for forensic equipment are given, the greater the opportunity for increased production.

There is need for a Nigerian-based forensic market research that will highlight the benefits of having a highly industrialized forensic market. With industrialization comes robustness of demand and supply which would be healthy for our criminal justice system. It would be fair to say that the cost of forensic services would reduce given the competitiveness of the forensic service providers and allied vendors.

The high cost of deploying forensic resources to every case by some law enforcement agencies has compelled them to contemplate which case should receive forensic attention or not –hence  the development of a case ranking index system. It is for the same reason that only those with deep pockets can afford the service of private forensic vendors and experts. This is not good for the quick and impartial dispensation of justice.

 

7. The Economics

There is never developmental progress without strategic and meaningful investment. In conjunction with the previous highlighted point, a strong government policy supporting the forensic industry is needed. Firstly, this will encourage both direct investment. Secondly, a strong forensic market would place Nigeria as major player in the global market of forensic technology.

Consequently, besides priding our justice system as being among the strongest in the world, our research products either knowledge or hardware-based would have made us a major player to be reckoned with among the comity of nations as one of the strongest judicial institutional capital. 

 

Read: Role of Research in Forensics for National Development

 

The incidences of human right violations which federal law enforcement agencies are usually accused of, shows lack of sophistication and non-compliance to best practices in handling criminal investigations and civil disobedience. This is bad reputation for both the accused agencies and the parent government. This could change with adoption of sophisticated methods of investigations using proven forensic techniques which are non-brutal yet extremely effective.

The Nigerian government has a great opportunity to wield strategic judicial power within sub-Saharan Africa and beyond if it is able to harness its criminal justice system by deploying the much needed resources to develop its forensic capabilities into a semblance of a thriving institution. This would allow Nigeria the right to exercise and influence regional and international policies that serves its interests and boost its image around the globe.

No entity would intentionally deny itself the prospect of an improved image. A much stronger Nigerian criminal justice system would pride itself as ‘big brother’ and a reliable point of reference.

In conclusion, accepting that forensics is key to the judicial reforms Nigeria needs is vital to the advocacy efforts that would facilitate better understanding among stakeholders. This in turn would help the legislature and the executive to formulate laws and policies that would minimize and prevent the miscarriages of justice and provide for a platform that would enhance the growth and development of forensics as a field and as an industry for national development. It is high time we improved our rankings to the top of the Global index scale on the rule of law. We have what it takes. We only need the will it takes. It is possible.

Read: Understanding the 7 Keys to Strengthening Nigeria's Criminal Justice System (Part 1)