Flawed Evidence : A Recipe for Wrongful Conviction in Nigeria

Abstract

Judicial decisions are made based on the evidence presented before the court. In criminal cases, evidence must be overwhelmingly convincing—beyond a reasonable doubt—to secure a conviction of the defendant. When evidence is obtained through flawed processes or is improperly evaluated by the court, it often results in wrongful conviction. Reliance on coerced confessional statements, faulty eyewitness identifications, jailhouse informants, flawed forensic evidence, and improper judicial evaluation of evidence have been identified as major causes of wrongful conviction in Nigeria. This issue is prevalent in Nigeria, and the courts tend to be somewhat lenient regarding these practices. While learning from foreign jurisdictions, it is suggested that Nigerian courts strictly adhere to the provisions of the law on the admission of confessional statements and rigorously evaluate evidence to prevent miscarriages of justice. This would compel law enforcement agents and prosecutorial authorities to focus on intelligence gathering and the proper use of forensic science in criminal investigations, rather than relying heavily on confessional statements. There is also a need for statutory entrenchment of these recommendations.