DNA PROFILING OF CONVICTED PERSONS IN NIGERIA: SECURITY IMPERATIVES AND CONSTITUTIONAL SAFEGUARDS

Abstract

The growing incidence of prison breaks, violent recidivism, terrorism, and other serious crimes in Nigeria has intensified calls for the integration of forensic science into the criminal justice system. Among the measures attracting significant attention is the compulsory Deoxyribonucleic Acid (DNA) profiling of convicted persons. This article, adopting a doctrinal research methodology, examines the legal and constitutional rights of convicted persons in relation to the security imperatives underlying the establishment of a statutory DNA profiling regime within Nigeria’s criminal justice framework. It interrogates whether compulsory DNA profiling can be justified as a national security measure without undermining constitutionally guaranteed rights, particularly the rights to dignity of the person, privacy, and fair hearing under the Constitution of the Federal Republic of Nigeria 1999 (as amended). The article argues that Nigeria presently lacks a comprehensive and coherent legislative framework governing the collection, storage, retention, access to, and use of DNA data obtained from convicted persons. It further finds that the absence of clear statutory safeguards creates significant risks of abuse and violations of constitutional rights. The article concludes that a carefully designed, rights-sensitive statutory regime for the DNA profiling of convicted persons is both legally feasible and defensible. Such a framework, however, must incorporate strict safeguards governing the collection, retention, access, disclosure, and use of DNA information to ensure that legitimate security objectives are balanced with constitutional protections.