COURSE: Forensic Law

CODE:
DEPARTMENT: Law

QUESTION: Historical Development of

Forensic Science Practice in Nigeria

DR BEN ODOH
 LUKMAN LAMINU: 02/08/01585

ALBERT BWALA MSHELIA: 02/12/0519

HECTOR-AJAYI STEVEN ADEDAMOLA: 02/05/01608

 INTRODUCTION
Forensic science as regards to history begins from the inception of time with man’s
quest to know the reason for certain actions. We can recall that before our present
dispensation, man has gone through different ages from the stone age, to the bronze stage
etc. all these era’s were times that show man’s resilience to understand what made ‘time
tick’. So we can say that for a fact forensic science like any other science had been stumbled
upon before man realized.

FORENSIC SCIENCE: A FIELD UNDER THE MICROSCOPE

The field of forensic science has always incorporated complexities and controversies
throughout human history from Napoleon’s poisoning (1821) to O.J. Simpson’s case (1994),
passing by ‘Australia’s forensic nightmare’, the Lindy Chamberlain case (1980s), and many
other cases (Evans, 2003:172). ‘The evolution of forensic science has been a long, complex,
and fascinating journey’ which has incorporated not only stories of triumph, but also stories
of failure in the 'never-ending battle to close the loopholes through which criminals slip’
(Evans, 2003:1).
The history of this subject matter starts with a question: ”What is forensic science?
Forensic science is the application of the principles, techniques and methods of science to
the resolution of legal issues. The word forensic comes from Latin (forensic meaning
“before the Forum”) and refers to something “of pertaining to or used in a court of Law. In
today's day and age, it almost refers to a method of obtaining Criminal evidence for the
purpose of using it in the court of law. As earlier stated, the word forensic comes from the
Latin adjective forensic, meaning “of or before the forum”. In Roman times, a criminal
charge meant presenting the case before a group of public individuals in the forum. Both
the person accused of the crime; and his side of the story will determine the outcome of
the case. Basically, the person with the sharpest forensic skills would win. This origin is the
source of the two modern usages of the word forensic;

(I)As a form of legal evidence and,

(II)As a category of public presentation.
Forensic Science is basically used in tandem with any discipline that has associations
with the legal system. In a nutshell, forensic science is the application of scientific methods
and principles to questions of law. Or, in layman’s terms, forensic science is a discipline
used by a forensic investigator to solve crimes. Forensic science is the study and application
of scientific facts and techniques for legal problems. It is the application of biochemical and
other scientific techniques in the Investigation of crimes. Forensic science is a multi-
disciplinary field drawing principally from chemistry and Biology, but also psychology and
social sciences. Its relevance in the criminal justice system cannot be overemphasized, as
the need to have a crime-free, peaceful, habitable and developed society continually
subsists. The ancient Chinese used fingerprints to identify business documents. In 1784, in
England, John Toms was tried and convicted for murdering Edward Culshaw with a pistol.
When the dead body of Culshaw was examined, a pistil wad (crushed paper used to secure
powder and balls in the muzzle) found in his head wound matched perfectly with a torn
newspaper found in Tom’s pocket. In Warwick, England in 1816, a farm laborer was tried
and convicted of the murder of a young maid servant. She had been drowned in a shallow
pool and bore the marks of violent assault. The police found foot prints and an impression
from corduroy cloth with a sewn patch in the damp earth near the pool. There were also
scattered grains of wheat and chaff. The breeches of the farm laborer who had been
threshing wheat nearby were examined and corresponded exactly to the impression in the
earth near the pool (NOUN, 2012). In 1892, a eugenicist (an adherent of the often
prejudiced system of scientific classification) named Sir Francis Galton established the first
system for classifying fingerprints. Sir Edward Henry, commissioner of the Metropolitan
Police of London, developed his own system in 1896 based on the direction, flow, pattern
and other characteristics in fingerprints (Watson, 2018). The Henry Classification System
became the standard for criminal fingerprinting techniques worldwide. In 1835, Scotland
Yard’s Henry Goddard became the first person to use physical analysis to connect a bullet
to the murder weapon. Bullet examination became more precise in the 1920s, when
American physician Calvin Goddard created the comparison microscope to help determine
which bullets came from which shell casings. And in the 1970s, a team of scientists at the
Aerospace Corporation in California developed a method for detecting
Gunshot residue using scanning electron microscopes (Watson, 2018). Later in the
20th
Century, there were several British pathologists, Bernard Spitsbury, Francis camps,
Sydney Smith and Keith Simpson (NOUN, 2012).This is how the science of forensics
continued to grow in relevance by combining a number of scientific techniques, such as the
earliest fingerprint mentioned earlier, to the more complex toxicology, ballistics,
anthropometry, and the most sophisticated one called the

Deoxyribonucleic Acid (DNA) test. The use of forensics and all types of expertise
(DNA, polygraph, hypnosis) and intelligence were found to be very helpful in easy crime
detection and identification of criminal offenders and exoneration of innocent suspects.
Things considered as evidence in the forensic sciences include bite marks, blood and body
fluids, bones, broken fingernails (striations), drugs, explosives, fiber, fingerprints, firearm
powder residues, firearms and tool marks, glass, hair, ink, paint, petroleum products,
questioned documents, shoeprints and tire tracks, soil and minerals, teeth, and toxicology
(Appel, , Hogue & Lemery, 2014: 6). In line with the above, Forst (2011) observes that
forensics is the determining factor that shapes the outcome of a case, with the exception of
the polygraph, which essentially serves to eliminate potential suspects

THE EVOLUTION OF FORENSIC SCIENCE

 After the definition and meaning of forensic science as discussed in the above
section, the next issue to deal with is the history or evolution of forensic science of course,
simply put, how does these forensic practice come to be?
Forensic science in the earlier days was covered in various field ranging from
Autopsy, Pathology even polygraph to mention a few. Familiar with the word
“mummification”?
Did you know that the Egyptian civilization back in 3000 BC performed the first
instance of an ‘autopsy’? They performed the religious practice of the removal and
examination of the internal organs of humans after their death. Thus, they are the earliest
civilization to perform an autopsy. Interestingly, the first officially recorded autopsy was
performed way back in 44 BC! Ever wondered what was the very first guide to pathology?
The book Xi Yuan Lu (The Washing Away of Wrongs) published in the 13 th century in China
by Song Ci. Xi Yuan Lu is the first written testimony of the use of medicine and entomology
to solve crimes. This book is one of the earliest available literature to help determine the
cause of death. The book explained how to distinguish an accidental death from a murder
by examining the weapon used to cause death. It threw light upon important topics such as:
 How to preserve evidence during the examination process?
 How to make an antiseptic?
 How to extract a hidden injury from dead bodies and bones?
 How to calculate the time of death based on the weather and insects? and
 How to wash a dead body for examination?

The Major Highlights in the History of Forensic Science

Here’s the history of forensic science timeline to summarize the eventful journey of
forensic science till the 20th century.

The 1800s
 Questioned document analysis was first recorded
 Tests developed for the forensic analysis of the presence of blood
 A bullet comparison used for the first time to convict a murderer
 Toxicology (arsenic detection) used in a jury trial
 Hemin crystals used for the development of the first crystal test for
hemoglobin
 A plausible test for blood was first developed
 Photography used for the first time for the identification of criminals and
documentation of evidence and crime scenes
 Use of fingerprint analysis to solve a crime was first recorded
  Development of the first microscope with a comparison bridge

The 1900s
 The Use of the comparison microscope for bullet comparison became popular
in the 1920s
 Development of the absorption-inhibition ABO blood typing technique
 The invention of the first interference contrast microscope by Dutch physicist
Frits Zernike in 1935
 D of the chemiluminescent reagent, luminol, for the presumptive test for blood
 Voiceprint identification was first studied
 The invention of the Breathalyzer for field sobriety tests
 Use of heated headspace sampling technique for collecting arson evidence
 Development of the scanning electron microscope with electron dispersive X-
ray technology
 The polymorphic nature of red cells first identified Enactment of the Federal
Rules of Evidence
 Gas chromatograph and the mass spectrometer were being used for forensic
analysis
 The polymerase chain reaction (PCR) technique developed for clinical and
forensic applications
 DNA profiling gained increasing popularity
 Enactment of the DNA Databank legislation in 1994T.
The ancient world lacked standardized forensic practices, which aided criminals in
escaping punishment. Criminal investigations and trials relied on forced confessions and
witness testimony. However, ancient sources contain several accounts of techniques that
foreshadow the concepts of forensic science, developed centuries later, such as the
“Eureka” Legend told of Archimedes 289 – 212 BC. The first written account of using
medicine and entomology to solve (separate) criminal cases is attributed to the Book xi
Yuan Ji Lu, (translated as “Collected Cases of Injustice Rectified), written in a song Dynasty
China by Sung Ci, in 1248. In one of the accounts, the case of a person murdered with a
sickle was solved by a death investigator who instructed everyone to bring his sickle to one
location. Flies, attracted by the smell of blood, eventually gathered on a single sickle. In
light of this the murderer confessed. The book also offered advice on how to distinguish
between a drawing (water in the lungs) and with other evidence from examining corpses or
determining if a death was caused by murder, suicide, or an accident. sixteenth century
Europe, medical practitioners in army and university settings began to gather information
on cause and manner of death. A French army surgeon systematically studied the effects of
violent death on internal organs. Two Italian surgeons laid the foundation of modern
pathology by studying change which occurred in the structure of the body as the result of
disease. In the late 1700s, writings on these topics began to appear. These included: A
Treatise on Forensic Medicine and Public Health by French Physician Foddered‟ and The
Complete Police Medicine by the German medical expert Johann Peter Frank In 1776,
Swedish chemist, Scheele devised a way of detecting arsenous oxide, a simple arsenic in
corpses, although only in large quantities. This investigation was expanded in 1806 by
German chemist Val Ross, who learned to detect the poison in the walls of a victim’s
stomach, and by English chemist James Marsh who used chemical processes to confirm
arsenic as the cause of death in an 1836 murder trial. Two early examples of English
forensic science in individual legal proceedings demonstrate the increasing use of logic and
procedure in criminal investigations. In 1784, in England, John Toms was tried and
convicted for murdering Edward Culshaw with a pistil. When the dead body of Culshaw was
examined, a pistil wad (crushed paper used to secure powder and balls in the muzzle) found
in his head wound matched perfectly with a torn newspaper found in Tom’s pocket. In
Warwick, England in 1816, a farm laborer was tried and convicted of the murder of a young
maid servant. She had been drowned in a shallow pool and bore the marks of violent
assault. The police found foot prints and an impression from corduroy cloth with a sewn
patch in the damp earth near the pool. There were also scattered grains of wheat and chaff.
The breeches of the farm laborers who had been threshing wheat nearby were examined
and corresponded See to the impression in the earth near the pool. Later in the 20th
century, there were several British pathologists, Bernard Spitsbury, Francis camps, Sydney
Smith and Keith Simpson.
It's an evasive subject, i.e. Nigeria’s history in forensic science, this because there’s
no documented records of the import, recognition or beginning of forensic science in
Nigeria. This doesn’t mean that forensic science is relatively new in the scheme of things.
This led us to take a look into the field that has had the most interaction with forensic
science in Nigeria, the Nigerian Police Force.
It’s a dilemma, that something as old as forensic science is still a stranger in our
country. Currently, less than five universities are in bed with the study of forensic science
and Law. A valid proof is to the fact that there are only two forensic laboratories in Nigeria
and only one of them is fully up to standard, it was just commissioned recently. Another is
that forensic science has no law backing it with exception to Lagos. The first formal
introduction of forensic science into the Nigeria Police work was more than three decades
ago. Despite the benefits that can be realized from using the science at different levels of
case management, improvement on forensic facilities and their utilization in police Duties is
not given due consideration in current police reform activities in the country. This Paper
therefore explored and critically reviewed 46 works and two policy documents related to
police reform in Nigeria with a specific aim of understanding whether forensic science
Application has actually been part of the reform. The paper is thus a narrative review. Over
the past two decades the field of forensic science has experienced a remarkable
Development and a substantially enhanced public profile. The prominence of forensic
science has resulted from scientific and technological advances, increased reliance of Law
enforcement agencies and judicial systems and its popularization through the mass Media.
Consequently, forensic science education has been characterized by a rapid Expansion in
both the number of forensic science courses. However, very little is published on forensic
science This research has Adopted a qualitative approach to undertake the investigation by
looking at it’s past through a mirror in order to see it’s reflection in the future of our nation
The study identified four zones of knowledge within forensic science. These zones Have
showed ontological connections with the segmented nature of forensic science practice
And the cultural conflict existing within the field. The study found that the current reigning
paradigm of forensic science is the result of an incomplete shift from an old Explicitly
policed reigning paradigm towards a new explicitly scientific reigning paradigm.
It is very glaring that Nigeria although not a stranger to forensic science, neither have
a detailed history in this field nor little to no advancement there and as a result are
retarded in forensics Science. We shall therefore take an empirical look into the history of
forensic science in Nigeria in relation to combating Criminality.
In a country like Nigeria where the crime rate is on the surge and the government
seems helpless because of the sophistication in terms of how such crimes are perpetrated.
Experts have linked many cases of unsolved crimes that mark the Nigeria criminal justice
system to the absence of forensic evidence. This forensic gap has rendered justice quite
protracted and ineffective (Ngboawaji, 2012). The first Nigeria’s DNA forensic center was
established in 2017; earlier DNA analysis requirements were performed abroad. Therefore,
the area of forensics is still plagued by inadequate devices and manpower for effective
analysis. In Nigeria, serious crimes such as murder continue to remain unsolved by the
criminal justice system due to the gap in forensic science In 2006, Chief Bayo Ojo, the then
Attorney-General of the Federation stated that 17.1% of prison inmates in Nigeria were
awaiting trial because:

1. Investigations into the allegations levelled against them were yet to be completed,
3.7% Were incarcerated perpetually by default because their investigation case files
could not befound, while 7.8% of the inmates‟ trials were stalled because of the
absence in court, of police investigators and other witnesses whose attendance is the
duty of the investigators To procure.
2. As at April 2010, the Minister of Interior, Mr. Emmanuel Iheanacho was Reported to
have stated, that of the total population of 46,000 inmates in Nigerian prisons, Over
30, 000 (65.2%) of them were awaiting trial for several reasons.
3. These 2010 figures Clearly mirror those of 2006 and show that the situation has not
changed. Undoubtedly, it is on the strength of the above realization that a group of
experts in forensic science and investigation came together to brainstorm on the way
forward. The result of that painstaking exercise gave rise to the establishment of the
Chartered Institute of Forensic and Investigative Professionals of Nigeria in 2009 –
after an exhaustive study of its operations and relevance in crime detection,
 investigation and prosecution in other jurisdictions like the United States of America,
the United Kingdom, Canada, Australia, India, among others.
Since the inception of the Institute, a good number of professionals, cutting across
several professions such as law, security, accounting, economics, medical, engineering and
computer science have been trained on the general application of forensic science and
investigation in the areas of: forensic toxicology; forensic investigation; forensic auditing;
digital forensics and cybercrimes, forensic autopsy; forensic law; forensic accounting;
forensic nursing; forensic pathology; forensic engineering; forensic psychology; forensic
DNA analysis; forensic anthropology; forensic linguistics; forensic deontology; forensic
dentistry; forensic archeology; forensic graphology, forensic entomology, etc.
In our bid to consolidate on the achievements of the Institute and having realized the
critical role it can play in the fight against corruption, which is one of the cardinal policies of
the President Muhammadu Buhari led administration, the Institute, after embarking on
series of consultations with relevant stakeholders and a comparative analysis of what
obtains in other jurisdictions saw the need for the Government to institutionalize the
activities and scope of the operations of the Institute – through adequate legal framework
for professionalism and proper regulation and coordination of forensic and investigative
practices in Nigeria.

Accordingly, a Bill titled, the Chartered Institute of Forensic and Investigative

Professionals of Nigeria was introduced in the 8th National Assembly, which sought for the
establishment of the statutory framework for the Institute. The Bill scaled through all the
requisite legislative processes and was sent to Mr. President for Presidential Assent, which
was not granted before the Dissolution of that Assembly in 2019. Also the formation of the
SOCIETY FOR FORENSIC AND ANALYTICAL SCIENTISTS NIGERIA and also the chartered
institute of Forensic and investigative professionals in Nigeria.
If anything, the time we are in now, shows that we must embrace forensic science as
an investigative tool. For some years now, there have been violent agitations in oil
producing areas of Nigeria where pipelines have been blown up. There have been violent
upheavals in other parts of the country. Recently bombs have exploded in different parts of
the country. The perpetrators of these acts cannot be effectively traced without the aid of
forensic science.
In this connection, I recall a case of attempted murder, handled at the High Court of
Justice Benin City, sometime ago i.e. Charge No. B/53c/2004 State v UHUNOMA. He had
thrown a liquid substance on his lover who was pregnant and refused to have an abortion.
Since the victim did not die, there was evidence from her, that he threw the liquid on her
face and chest. The Police investigators did not have the liquid tested, especially as the
container from which the liquid was thrown was recovered and tendered in court. The
accused himself while Questioning the investigator (as his Counsel had been persistently
absent) asked him whether he had the liquid tested? Of course the answer was No. He then
asked the investigator how he got to know that the liquid was an acid. The investigator had
no answer. For such a heinous crime, the inept handling of the investigation allowed the
accused to escape the due weight of the law. He got a conviction for Assault

CONCLUSION

The relevance of forensic science methods in crime prevention and control has been
recognized all over the world Specifically, various forensic science techniques are used
during police investigations to obtain ‘value-free’ evidence that can be reliable in
successfully prosecuting a case before the court of law. A proper forensic science
application by the police is important as it can ensure just dealing with crime suspects and
improve security. This notwithstanding, forensic science is not given needed consideration
in Nigeria, and this continues to lead to many unsuccessful prosecution of criminal cases.
Adequate forensic science facilities and their utilization could help in case clearance and
ultimately improves the function of criminal justice system and security. It is therefore
recommended that more forensic facilities should be provided to the NP; at least, one in
every state commands in the country. Just as it is also important to continually train police
officers on forensic techniques, it is also recommended that policy documents in respect of
police reform in Nigeria should clearly include provision and utilization of adequate forensic
facilities.
 REFERENCE

 www.ijiser.org/The-State-of-Forensic-Science-in-Crime-Investigation-and-Administration-of-Justice-
in-Nigeria.pdf
 Nou.edu.ng/CSS 455 Forensic Science
 Vuir.vu.edu.au/
 Pdf-to-word.Suxy.info/forensic-science-in-nigeria-the-quest.
 https://www.vanguardngr.com/2017/09/lagos-opens-nigerias-first-dna-forensic-laboratory/amp/
 https://www.researchgate.net/publication/
_The_Nigeria_Police_Reform_and_Utilisation_of_Forensic_Science_Has_the_Latter_Been_Part_of_the_For
mer?