KEY NOTE ADDRESS ENTITLED THE ROLE OF FORENSIC SCIENCE IN CRIMINAL INVESTIGATION AND TRIALS DELIVERED TO

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1 KEY NOTE ADDRESS ENTITLED THE ROLE OF FORENSIC SCIENCE IN CRIMINAL INVESTIGATION AND TRIALS DELIVERED TO THE MEMBERS OF FORENSIC RESEARCH GROUP OF THE UNIVERSITY OF BENIN CITY, BENIN CITY AT THE INAUGURAL MEETING ORGANISED BY THE FORENSIC RESEARCH AND DEVELOPMENT CENTRE OF NIGERIA BY AIG HASHIMU ARGUNGU, NPM, psc, mni, ASSISTANT INSPECTOR-GENERAL OF POLICE, ZONE 5 HEADQUARTERS, BENIN CITY. AT COLLEGE OF MEDICAL SCIENCE, BOARD ROOM 24 TH JUNE, 2014.

2 INTRODUCTION The Nigeria Police Force feels indeed grateful to the Forensic Research And Development Centre of Nigeria to have invited me as a keynote speaker for Forensic Research inaugural meeting on The role of Forensic in Police Investigation in Nigeria. The topic was later modified as The role of Forensic Science in Criminal Investigation and Trials in Nigeria. The modification was done in good faith with idea to reflect the current Nigerian situation in line with era of globalization and computerization. Tremendous changes in all aspects of scientific investigation of crimes have taken place in the past decade or so and are continuing at rapid pace. The new trends in criminal activities which are gaining increasing momentum are in the areas of Computers Forensic Psychology Voice Analysis Microtraces Explosives and Explosion etc. The utilization of the expertise on the above areas is yet limited in Nigeria but we can no longer afford to remain illiterates on these areas. For example, computer has engulfed all aspects of human life. It is making rapid strides towards crimes both for its control and creation. We can ignore the computers only at the societal peril. Likewise Forensic Psychology has to play an increasingly important role in handling criminals, especially those criminal who are first timers or those who are the victims of circumstances. In addition, it has played its rightful role in the dissemination of real justice without third degree methods and bringing some solace to the victims. Likewise, voice analysis is becoming indispensible. The existence of Osama Bin Laden has been confirmed only through voice analysis. The analysis helped to identify the ransom criminal and his ilk.

3 The microtraces, as evidence, will perhaps, be the most important evidence in the changing scenario of crime, crime scenes and the absence of traditional evidence of eyewitnesses, approvers and the like and the criminal modus operandi. In quite a few cases perhaps it will be the only evidence to the criminal with the crime. Therefore, the importance of Forensic Science in Nigerian Criminal Justice Systems cannot be overemphasized. However for success, it is necessary that the Police correctly collect clues, the counsel links the clue to the accused and the judge utilizes the expertise. If they fail to do so, the whole edifice built on science crumbles down. And it does happen in the courts frequently Aim and Objectives: Aim: To examine the role of Forensic Science in Criminal Investigation and Trials in Nigeria Objectives: The specific objectives of the speech are: To highlight the nature/characteristics of Forensic Science in Criminal Investigation and Trials To identify the role/function of Forensic Science in Criminal Investigation and Trials To identify the major challenges/threats confronting Forensic Scientists in Criminal Investigation and Trials To appropriate recommendations as a way forward The Scope of the Speech: The paper will cover the following areas: Definition of terms/phrases/concepts Nature and characteristics of Forensic Science in Criminal Investigation and Trials Roles and Functions of Forensic Science in Criminal Investigation and Trials Major challenges/threats confronting Forensic Scientists in Criminal Investigation and Trials.

4 4.0. Conclusion, Recommendation and Implementation Strategy. 3.1 Definitions of terms/phrases/concepts:- The following are the operational definitions of the presentation: Forensic: (a) Philological Definition of Forensic The term Forensic comes from the Latin word Forensis which refers to a forum, in ancient Rome the forum was a market place where people gathered, not just to buy things, but also to conduct all kinds of business, including that of public affairs. The meaning of Forensic later came to be restricted to the courts of law. The word entered English usage in 1659 and gradually deals with the application of scientific knowledge to legal problems and legal proceedings. (b) Legal Definition of Forensic Black s Law Dictionary defines the word Forensic as belonging to courts of justice. (c) Legal Definition of Forensic Science- The application of Scientific Knowledge and Methodology to legal problems and criminal investigations. Sometimes called simply forensics, forensic science encompasses many different fields of science, including anthropology, biology, chemistry, engineering, genetics, medicine, pathology, phonetics, psychiatry and toxicology etc. (d) Legal Definition of Forensic Engineering Black s Law Dictionary further defines the term Forensic Engineering as: The application of the principles and practice of engineering to the elucidation of questions before courts of law. Practice by legally qualified professional engineers who are experts in their field, by both education and experience and who have experience in the courts and on understanding of jurisprudence. A forensic engineering engagement may require investigations, studies, evaluations, advice to counsels, reports, advisory opinions, depositions/ or testimony to assist in the resolution of disputes relating to life and property in cases before courts, or other lawful tribunals.

5 3.1.2 Definition of Experts: Experts are Specially Skill Persons. Special skill has not been defined but by convention it is acquired through:- Basic Education Training Experience Research Participation in scientific gatherings Publication of Research, Review, case histories Books etc Definition of Expert Opinion / Opinion Evidence An Oxford Dictionary of Law defines the terms Expert Opinion/Opinion evidence as: Evidence of the opinions or beliefs of a witness, as opposed to evidence of facts about Which he can give admissible evidence. At common law, under the opinion rule, opinion evidence is in general inadmissible, however, this rule is subject to many exemptions, so that a witness of fact may give evidence of identity, as well as evidence of matters of impression and narrative. Expert witness may give their opinion on any matter falling within their expertise that falls outside the experience and knowledge of the court. 3.2 Nature And Characteristics of Forensic Science: It embraces all branches of science and applies to the purposes of law. Originally all the techniques were borrowed from various scientific disciplines like chemistry, medicines, surgery, biology, photography, physics and mathematics. But in the past few years it has developed not only its own techniques but also its own branches, which are or less exclusive domains of forensic science of finger prints, track marks, documents and forensic ballistics essentially belongs to forensic science alone. More recently significant advances has been made in serology, voice analysis, odor analysis and in studies relating to pattern recognition through computers. Among others it deals with the following areas:- Forensic Anthropology

6 Forensic Psychology Forensic Computers Forensic Economics Forensic Pathology Forensic Accountancy Forensic interviews and interrogations Forensic Voice Analysis Forensic Finger Prints Forensic Track Marks Forensic Firearms Forensic Documents Forensic Poisons Forensic Narcotics Forensic Alcohol Forensic Explosive Forensic Motor Vehicles Forensic Microtraces Forensic Hairs Forensic Body Fluids Forensic DNA Profiling Forensic Elementary Forensic Medicine N.B : Two peculiarities characterise Forensic Science: (i) it is multi-professional

7 (ii) it is multi-disciplinary 3.3 Roles and Functions of Forensic Science in Criminal Investigation and Trials (a) to help the police in course of criminal investigation (b) to identify the victim(s) (c) to identify the perpetuators (d) to reconstruct the modus operandi (e) to help the court to prove the existence of crime (f) to work smoothly from the crime scene to the trial and to ensure the reliability of the forensic Examination (g) chain of custody of the exhibits to be maintained (h) valid methods and procedure of extraction to be observed (i) Gathering evidence 3.4 Major Challenges/Threats Confronting Forensic Scientists in Criminal Investigation and Trials a) Lack of Understanding:- Lack of understanding and critical appraisal of specialists in general, by non-specialists, is all-pervasive. The field of Forensic Science is no exception. Neither the Police (Security Agencies), nor the lawyers, nor even the judges appreciate fully the Advances or the extensive potentials of the science. b) Lack of Inter-Professional Approach:- Lack of Inter-Professional approach due to the multi-

8 discipline and multi-professional nature of the forensic science. c) Lack of Books on the Subject Matter:- Lack of Books on the subject matter which provides a meeting ground for the professions involved where the Police officer can understand not only his own work but also understands the requirements of the scientist, the lawyer and the judge and vice versa. d) Ignorance of the Law in Forensic Science governing expert evidence/ opinion evidence:- The law governing expert evidence/opinion evidence among others includes; (i) Enacted Laws:- i.e. (ii) Case Law Constitution of the Federal Republic of Nigeria 1999 as amended Evidence Act Cap. E14 LFN 2004 Crime Prevention Act, Cap, P27 LFN 2004 The Police Act, Cap, P19 LFN 2004 Immigration Act Cap. 11 LFN 2004 Criminal Procedure Act, Cap. C41 LFN 2004 The Criminal Procedure Code, Cap. C42 LFN (iii) International Legislation etc. e) Lack of Funds:- Lack of sufficient fund, logistics and materials in conducting forensic research and activities.

9 f) Neglect of Professional Ethics and Code of Conduct:- Multi-discipline and multi- professional nature of the forensic science gives different ethics and code of conduct and a time result to conflict of ethics and code of conduct among the multi-professionals. g) Lack of one (single) body to co-ordinate the activities of the multi-discipline and multi- professionals in the Forensic profession. 4.0 Conclusion, Recommendation and Implementation Strategies 4.1 Conclusions: Forensic Science in today s world of computerization and globalization era is very central In criminal justice systems as well as civil justice systems. In all human endeavors security is Pivot and the importance of Forensic Science in solving crimes and related matters in the area Of Criminal Justice Systems in Nigeria cannot be overemphasized. Recommendations and Implementation Strategies Mr. Chairman Sir, invited distinguished guests, Members of the Forensic Research Group Of the University of Benin, ladies and gentlemen, in the light of the foregoing, I wish to Respectively proffer some recommendations and implementation strategies hereunder:- Recommendation 1:

10 The Federal Government should create one (single) body to determine the standards of Knowledge and skills to be attained by persons seeking to become members of the Forensic Science Profession due to the current multi-discipline and multiprofessional Nature of the forensic science. Implementation Strategies: (i) (ii) That bill for the formation of the body be sent to the National Assembly for process. That only trained and qualified forensic professionals are to be members of the body. (iii) That the proposed body s syllabus should reflect current global situation in conduct of professional examinations leading to the award of certificates as may be prescribed by the body. (iv) Special priority to be given to forensic science professional with computer/it education due to the globalization, computerization system and process in the forensic science field all over the world. (v) Government at all levels, public and private institutions to give special priority to personnel with computer/it knowledge, those without it be encouraged to seek for It as we are in the globalization and computerization era. Recommendation 2: The National Assembly should enact the statutory body for the control of membership and Practice of the forensic science profession in Nigeria, and other related matters. Implementation Strategies:

11 (i) (ii) That the proposed body corporate be with power of perpetual succession and a common seal. That responsibilities of the Body be enumerated. (iii) That membership of the Governing Council of the body be mentioned. (iv) That appointment of Registrar of the body be mentioned etc. Thank you so much for your attention.

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