CHAPTER
ONE
1.1
Background to the study
In line with global trends and the peculiarity of
Nigeria's security needs, security experts and other stakeholders have been
making persistent calls on the Federal Government to do more 'intentional'
investments in crime investigation. The country is in dire need of
infrastructure to support evidence-led policing, as opposed to confession-led
techniques in crime convictions. Yet, as at the last count, the nation of over
170 million people (with an arguably high crime rate) has no functional
forensic lab, even after over two decades of informed and animated debate. It
would appear that, going by the persistent demands of the Nigeria Police Force
(NPF) and testimonies of a handful of security experts the Federal Government
is yet to design a clear-cut strategy on 'acquiring' 'functional' laboratories,
much less train forensic experts.
Regarding lack of capacity for scientific crime
investigation, expert opinions converged on specific areas of need, chief of
which are lack of both soft and hard ware’s and reliable database, poor
investigative protocols and crime scene processing, as well as absence of
qualified medical examiners within the police force. Worse still, the
prevailing insurgency in the Northeast, the kidnappings in the South and the
embarrassingly long list of unresolved crimes continue to make a more serious
case for urgent investment in infrastructure and personnel for scientific tests
and techniques for detecting crimes.
While the Managing Director and Chief Executive of
Hayes Meridian Group (HMG), a Radio Communication and Security Solutions
Provider, Mr. Oyebanji Oyewumi, argues
that today's issues in crime investigation derive from historic lack of
adequate funding for security agencies, including the Nigeria Police Force [marcel
mbamaluThe Guardian, November 2, 2014]. Mr. Ona Ekhomu, the chairman of the
Lagos-based Transworld Security, says lack of modern crime labs and databases
contribute more to the problem.
Against this backdrop, Mr. Patrick Agbambu, chief
executive of the Security Watch Africa, thinks the major challenge of crime
investigation in Nigeria is the political will to conclusively prosecute
offenders. Insisting that investigators in the Nigeria Police currently use
"crude means, methods and techniques in handling cases, Agbambu says 'the
Nigeria Police has capable personnel in their investigations department, but
lack modern investigative tools and infrastructure." (http://.allafrica.com/stories/201411031197.html
par4: Nov2, 2014)
According
to Aliyu Umar Babangida, a retired military officer (now a security
consultant), forensics and its crucial need for modern-day policing and crime
scene investigations are yet to find expression in Nigeria. The Nigeria Police
Headquarters confirm that the force is not only underfunded, but also poorly
trained. (http://.allafrica.com/stories/201411031197.html par7)
According to the Nigeria Police Force Website, the
police forces do not have a fully equipped and functional forensic laboratory
right now. The two crime labs at Alagbon (Lagos) and Kaduna are really not functional,
and police personnel are not adequately trained on the rudiments of crime
investigation.
However, one of the recommendations of the police
reform is for six forensic laboratories within the six geopolitical zones of the
country, but that has not been granted yet. No doubt, the amalgam of opinions,
including that of the Police, simply re-echoes security experts' calls, in the
last two decades, for total overhaul of existing infrastructure, with a view to
equipping the NPF. Forensics is the use of scientific means in sieving out
information that will lead to crime resolution and also entails getting vital
evidence; meaning that, long after the criminal would have left the scene,
investigators could go in for the trail left behind. With good infrastructure
and forensic technology, therefore, investigators could rely on fingerprints
found on the scene. The CCTV (if any is installed) also forms an integral part
of forensic investigation.
Usually,
with all the information pieced together, the profiling by investigators
narrows down (depending on the risk level) to determine if the subject will be
invited for questioning. Nigeria is already doing this aspect of investigation,
but embarrassingly lags behind when it comes to use of forensic labs,
fingerprinting, DNA and CCTVs on the streets to crack cases.
Most
of the lead evidence used by the police in courts, like in autopsy for murder
cases, are the testimonies of pathologists. But such evidence could be easily
punctured by further forensic analyses, as the pathologist can only establish
the cause of death without a foolproof establishment of circumstances
surrounding what caused the death. This is where forensics - fingerprints from
scene of crime and subsequent analysis as well as, perhaps, CCTVs and their
forensic auditing will do the magic.
1.2 Statement of Problem
Series of
problem are affecting criminal investigation ranging from inadequate funding of
the criminal investigation department, lack of knowhow of the personnel to the
absence of a functioning forensic laboratory. Also, the science of forensics is yet to take root in
Nigeria; yet crime has not only gone hi-tech all over the world, but
sophisticated and well. If the Nigerian police force is to break grounds
and push its boundaries of investigation, it must develop expertise in
forensics. There seem to be no concerted effort by government to develop this
line of technique in crime investigation, despite the obvious good it will do
to accused persons, and those innocently and wrongfully convicted. There are
many unsolved crimes, how many innocents suspects killed needlessly in the
quest to make them confess, how many rape cases unsolved without apprehending
the suspects? (which would be easier to catch with forensics through the sperm)
How many vehicles are arguably the best sources of Forensic Evidence that can
lead to the location of kidnapping and armed robbery hideouts? How much have
many insurance companies lost due to false claims by the clients, because there
is a limit to how much investigation (without forensics can go)? How sure are
we that those supposed suicides are really accidents? What level of awareness
do out lawyers in Nigeria, have about the importance of forensics and actually
apply them? Many cases won or lost could have a different outcome had forensics
been involved?
Another major problem Nigeria faces is the
problem of over-congestion of prisons, that is, the amount of people in the
prison is far more than the amount it was made for. Nigeria has 228 prisons
housing 47,815inmates, 145 prisons for convicts while 83 serve as satellite prison
camps, there are also 3 institutions for juvenile delinquents. Most cells are
old, tiny and also overcrowded. The Ikoyi Prisons in Lagos State which has
capacity for 800 inmates currently has over1500 people awaiting trial. The Kuje
prison in Abuja has more than 600 inmates, 85 convicts and585awaiting trial.
Amnesty International, Its 2008 report,
declared that Nigerian prisons are filled with people whose human rights are
systemically violated. It stated that 65 percent of the inmates are awaiting
trail, and overcrowding has many negative effects on the individual on both
physical and mental health; this and many more are problems that forensics will
help reduce in Nigeria.
Since the 2010 visit from the US by
police detective Charles Massucci and Anthropology Professor Erin Kimmerle, it
is uncertain how far and how seriously the Nigerian authorities have viewed
their work to teach forensic science; and make it part of police training and
investigation technique. It is suggested here that given the rate of
extra-judicial killings and unresolved high profile crimes – like murder
and kidnapping – in Nigeria, it is imperative that, the Nigerian Police College
review its curriculum, with a view to making the study of forensic science
mandatory for all police officer going through training.
As Prof. Kimmerle observed then and the
situation has since deteriorated that there exist in Nigeria extra-judicial
killings of suspects, innocent civilians, multinational oil workers and
politicians, by the police, the military forces, vigilante groups and armed
militants in various parts of Nigeria. All of judicial reform is based on
forensic sciences and of what good is law if you cannot enforce it?
That is why this study is necessary
to contribute to the knowledge available to help the situation in Nigeria with
the problem of bringing forensic science to the foreground in criminal
investigation.
1.3 Research Questions
1. What are the techniques used in crime investigation as it
relates to forensic evidence?
2. What is the catalogue of forensic evidence and what is
its usefulness in solving crime cases?
3. What are the ways forensic science can contribute to the
effective and efficient detection of crime and convictions of criminals?
4. What is the importance of forensics in crime detection
and investigation?
1.4 Objectives of the study
To obtain the truth through an analysis of criminal investigation
requires the field called Forensic Science. Basically, the objectives of this
study are as follows
- Study the techniques of crime Investigations as it relates to forensic science
- . To understand the catalogue of forensic evidence and its usefulness in solving crime cases.
- To identify ways forensic science contributes to the effective and efficient detection of crime and convictions of criminals.
- Discover the importance of forensics in crime detection and investigation
1.5 Significance of the study.
This research will greatly help the law enforcement
in formulation of laws that could further help in curbing the menace of serial
criminal acts, also it will be of utmost important to the criminal
investigation department by allowing them to know the effectiveness of Forensic
Science in the process of criminal investigation and it techniques. More so,
the research will be of immense benefit to the government by offering a variety
of suggestions to the government as to the need for government to provide proper
training to criminal investigators in order for the investigators to carry out
their job diligently both on the field and in the laboratory. Likewise, this
research work will be of significance importance to any student or researcher
that might have interest in Forensics and criminal investigation, it will
greatly contribute to their body of knowledge. It will serve as existing source
for researchers in their quest for knowledge. In conclusion, this research work
will aid in advancing the course of knowledge as to how forensic evidence is
been gotten and used in criminal
investigation and how it is being
carried out to apprehend criminals.
1.6 Limitation of the Study
This study like any other study will definitely have
some problems, challenges, or limitations inherent. The challenges faced in
conducting this study is basically due to the fact that it is not widely
researched or evident in Nigeria, especially Kwara State, this means that not
many people have done work or written books on it in Nigeria. Also, there is a
major limitation to this study. It is based on a limited time frame and
funding. The scope of the study is restricted to only Kwara State which is not
part of the top 3 developed states in Nigeria.
1.7 Definition of basic Terms
Forensics Science:
This is defined as anything relating to the use if
science or technology in the investigation and establishment of facts or
evidence in a court of law. Its source is from the Latin word ‘forum’. The
Forum was a public gathering place in the Roman times, where judicial business
and activities were conducted. Simply put, it’s the application of science to
law.
Forensic
science is the application of science to law. Any science can be applied into a
legal situation, but some of the commonest forensic sciences include forensic
biology, forensic chemistry, and forensic toxicology. The word forensic in
today’s world simply means the application of something to a legal situation
(Anderson, 2007).
Forensic Evidence:
According to Collins dictionary, forensic evidence
is evidence obtained by the use of science. Evidence is a sign or proof of the existence
of something, or piece of information that proves or suggests the guilt of
someone accused of a crime. Therefore Forensic evidence is any piece of
scientific information used in the criminal justice system .E.g. sperm for a
rape case, ballistics (bullets) for a robbery case etc
Criminal Investigation:
According to Wikipedia, criminal investigation is an
applied science that involves the study of facts, used to identify, locate and
prove the guilt of an accused person. However, it is expected to be conducted
by qualified bodies of the state.Criminal investigation involves the inquiry
into and a detailed examination into something termed as illegal under the laws
of a particular State by qualified bodies.
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