1.0 INTRODUCTION
The impact of technology on crime investigation and prosecution has been very significant in Nigeria over the years and has raised a very comprehensive evaluation or assessment of how technology has advanced and influenced the process of crime investigation and prosecuting criminal activities in Nigeria. It also involves analyzing various aspects such as the adoption of new technologies, their effectiveness in gathering evidence, improving communication and collaboration among law enforcement agencies, enhancing crime prevention efforts, and addressing any challenges or limitations associated with the integration of technology into the criminal justice system in Nigeria.
However, challenges such as inadequate infrastructure, limited funding, cybersecurity threats, and the digital divide among different regions in Nigeria can hinder the effective utilization of technology in crime investigation and prosecution. Therefore, continued investment in technology infrastructure, capacity building, and regulatory frameworks is essential to maximize the benefits of technology in combating crime in Nigeria.
Glory Akinola (Research Assistant)
DEFINITION OF TERMS
2.1 TECHNOLOGY
Merriam-Webster defines Technology, as the practical application of knowledge especially in a particular area.[1]Technology is also defined as the application of scientific knowledge to the practical aims of human life or, as it is sometimes phrased, to the change and manipulation of the human environment.[2] It is also the application of scientific knowledge, in the production of things, for human use and sustenance.
Technology encompasses tools, systems, methods, and processes designed to solve problems, improve efficiency, or fulfil specific needs. Examples of technology include computers, smartphones, medical devices, transportation systems, and renewable energy sources.
2.3 CRIME
Crime is an illegal act for which someone can be punished by the government.[3] It can also be defined as any act that violates the laws enacted by a governing authority, which may be punishable by fines, imprisonment, or other sanctions. The legal definition of Crime varies across jurisdictions and is subject to change based on societal norms and legislative decisions. The definition and classification of crimes are primarily outlined in statutory laws such as the Criminal Code Act and the Penal Code, which provide definitions of various offences and their corresponding penalties. However, courts in Nigeria do not interpret and apply the provisions of these statutes in specific cases, which guide the understanding and application of criminal law. While there may not be a single court case that defines crime in Nigeria, various court decisions contribute to the interpretation and application of criminal laws in the country, to shape the legal landscape surrounding criminal offences in Nigeria.
2.4 CRIME INVESTIGATION
Crime investigation is the process of gathering evidence, analyzing facts, and conducting inquiries to determine the circumstances surrounding a crime and identify the perpetrator(s). it also involves various techniques, such as interviewing witnesses, collecting physical evidence, examining crime scenes, and utilizing forensic analysis. It is also an applied science that involves the study of facts that are then used to form criminal trials. A complete criminal investigation usually includes searching, interviews, interrogations, evidence collection and preservation, and various methods of investigation.[4]
2.5 PROSECUTION
Prosecution is an act of prosecuting someone.[5] Prosecution also refers to the legal process of bringing criminal charges against an individual or entity accused of committing a crime. It also involves the presentation of evidence and arguments by the government or the prosecuting authority, typically represented by a prosecutor in a court of law. The objective of the prosecutor is to prove the guilt of the accused beyond a reasonable doubt based on the evidence presented.
3.1 AN APPRAISAL OF THE IMPACT OF TECHNOLOGY ON CRIME INVESTIGATION AND PROSECUTION AND PROSECUTION IN NIGERIA
Technology has revolutionized crime investigation and prosecution in Nigeria in several ways. Technology also provides insights on enhancing law enforcement capabilities, improving case management, strengthening evidence presentation, and promoting fairness and justice in the Nigerian criminal justice system. In Esso West Africa Inc v T. Oyegbola[6], the court held that “the law cannot be and is not ignorant of the modern business methods and must not shut its eyes to the mysteries of the computer. In modern times reproduction and inscriptions on ledgers or other documents by mechanical process are commonplace and Section 37 cannot therefore only apply to books of account”. This simply means that the use of technology and digital evidence is admissible in courts.
Technology has immensely transformed forensic science in Nigeria, enabling more accurate and efficient crime scene analysis. Certain techniques such as DNA (Deoxyribonucleic Acid) profiling, fingerprint analysis, and forensic pathology have become essential tools for identifying suspects, linking crimes, and presenting compelling and relevant evidence in court. In “The Queen v Akpan”[7], where the accused who later appealed his conviction at the trial Court was alleged to have been involved in a burglary and stealing in breach of section 411(1) and 390(4)b of the Criminal Code, respectively. The court convicted the accused based on his fingerprint impression that was discovered on the Louvre blade of the window, due to the analysis of a person of experience and training.
The adoption of forensic technologies has improved the quality of investigations, the likelihood of successful prosecution, the reliability of evidence presented in court, and reduced the probability of wrongful convictions. For example, DNA evidence has been instrumental in solving cold cases and identifying perpetrators of violent crimes.
In “Shonubi v People of Lagos State”[8], the appellant was arraigned before the High Court of Lagos State for a charge of murder contrary to Section 316 of the Criminal Code Law of Lagos State, Cap C17, Vol.12, 2003. The appellant was alleged to have been responsible for the death of one Miss Anniemeke Steen by strangulating her in a bathtub full of water. In this case, a DNA forensic examination was employed both in the United Kingdom and in Nigeria, and the appellant was linked to the death of the deceased. The Trial Court found the appellant guilty and sentenced him to death based on the DNA forensic evidence provided by the Prosecution.
However, at the Court of Appeal, Obaseki Adejumo JCA held that it was confirmed that the DNA analysis of the blood stain found on the checkered shirt of the appellant matched that of the deceased and was a clear identification of the appellant as the person that caused the death of the deceased. Advancements in biometric identification technologies are reshaping the landscape of forensic science in Nigeria. Biometric data such as fingerprints, iris scans, and facial recognition, are becoming pivotal tools in identifying individuals and linking them to criminal activities.[9]
The rise of digital technology in Nigeria has given rise to new forms of crime, such as cybercrime and digital fraud. In response, digital forensics has emerged as a crucial investigative tool for analyzing electronic devices, retrieving digital evidence, and reconstructing digital crime scenes. The Nigerian Evidence Act 2011[10], allows the admissibility of digital forensic evidence in Nigerian courts. Digital forensics experts use specialized software and techniques to extract data from computers, smartphones, and other digital devices, uncovering valuable information that can be easily used to prosecute cybercriminals and safeguard digital assets such as call logs, messages, and applications. Section 258 of the Nigerian Evidence Act defined documents to include electronic documents and devices. Nigerian authorities have been investing in digital forensic tools and expertise to combat cybercrimes such as online fraud, phishing, hacking, and identity theft. Techniques such as packet sniffing, and intrusion detection systems are used to analyze network traffic and identify signs of unauthorized access or data exfiltration.
The deployment of surveillance technology, including closed-circuit television (CCTV) cameras, GPS tracking systems, drones, and satellite imagery, has expanded law enforcement agencies’ ability to monitor public spaces and track suspects. Surveillance footage can provide critical evidence in criminal investigations, helping to identify suspects, track suspects’ movement, gather evidence for prosecution, establish timelines, and corroborate witness testimonies. In Olusoga Olumide Olopade v State[11], where it was held that exculpatory evidence included footage from a CCTV camera at the Police Station. However, concerns have been raised about the potential misuse of surveillance technologies and their implications for privacy rights. For instance, the Lagos state government has implemented extensive CCTV surveillance systems in urban areas to monitor public spaces and deter criminal activities. Footage from these cameras has been instrumental in identifying suspects involved in robberies, kidnappings, and other crimes. Additionally, the Nigerian Police Force utilizes GPS tracking devices to monitor the movements of suspects or vehicles and dismantle criminal syndicates. The Nigerian Immigration Service employs biometric technology, including facial recognition and fingerprint scanners, at border crossings airports, and government facilities to verify travellers’ identities and detect individuals with criminal records or fraudulent documents.
Technology facilitates communication and collaboration among law enforcement agencies in Nigeria, enabling seamless information sharing and coordination in complex criminal investigations. Secure messaging platforms, communication channels, digital databases, and collaborative software tools allow investigators to exchange information, coordinate operations, and track case developments in real time. Improved communication and collaboration enhance the efficiency and effectiveness of multi-agency task forces and joint operations targeting organized crime and terrorism. Encrypted messaging apps and secure communication channels enable law enforcement agencies to exchange sensitive information and coordinate operations without compromising security. Centralized databases store and manage vast amounts of criminal records, evidence, and case information, facilitating data sharing and collaboration among different agencies. Collaboration platforms allow investigators to collaborate on case files, share updates, and track progress in real time, improving coordination and efficiency in multi-agency investigations.
The use of data analytics has enabled Nigerian law enforcement agencies to analyze large volumes of data to identify crime patterns, trends, and hotspots. Predictive policing algorithms analyze historical crime data and external factors to forecast future criminal activities, enabling proactive law enforcement strategies and crime prevention initiatives. Geographic Information Systems (GIS) and crime mapping software are used to visualize crime data, identify crime hotspots, and allocate resources strategically to areas with higher crime rates. Law enforcement agencies also, monitor social media platforms to gather intelligence, track criminal activities, identify potential threats or suspects, and prevent crimes before they happen.
The impact of technology on crime investigation and prosecution has led to the adoption of digital case management systems by courts and legal agencies in Nigeria has streamlined the handling of case files, scheduling of hearings, and tracking of case progress. These systems improve organization, reduce paperwork, and expedite the resolution of cases. Legal practitioners in Nigeria have access to online legal research tools, databases, and platforms such as LawPavillion, Legalpedia, Nigerian Legal Information Institute (NigeriaLII), and Westlaw Africa to access statutes, case law, and legal publications. These platforms provide comprehensive and up-to-date legal information, enabling prosecutors to conduct thorough legal research and prepare persuasive arguments.
Prosecutors use technology to present evidence in digital formats during court proceedings. This includes displaying documents, photos, videos, and other multimedia evidence using projectors or courtroom display screens. Electronic evidence presentation enhances the clarity and impact of evidence, making it easier for judges to understand complex information. Furthermore, digital evidence management systems allow prosecutors to organize, catalogue and securely store digital evidence collected during investigations. These systems maintain the chain of custody, ensure the integrity of evidence, and facilitate efficient retrieval and presentation of evidence during trial proceedings.
Although, the Constitution does not specifically provide for a virtual court hearing, as much as the same Constitution empowers the heads of courts to make practice directions, virtual court hearings cannot be said to be unconstitutional.[12] Nigerian courts have increasingly embraced virtual court proceedings, especially during the COVID-19 pandemic. The first virtual court session in Nigeria tagged ID/9006C/2019, was held at Ikeja High Court in Lagos State, where one Olalekan Hammed was sentenced to death by hanging for the murder of a 76year Mrs. Jolasun Okunsanya, and the trial was blazed by Justice Mojisola Dada of Ikeja High Court.[13] Through video conferencing platforms like Zoom, Microsoft Teams, Skype, and Google Meet, prosecutors can conduct remote hearings, present arguments, and examine witnesses without the need for physical presence in courtrooms. Virtual courtrooms improve access to justice, reduce case backlogs, and minimize the costs and logistical challenges associated with in-person proceedings.
Prosecutors also utilize electronic filing systems to submit legal documents, pleadings, and motions to courts electronically. This eliminates the need for physical paperwork, reduces administrative burdens, and accelerates the processing of legal documents. Electronic filings also facilitate seamless communication between prosecutors, courts, and other parties involved in legal proceedings.
Some law/legal firms and prosecution agencies in Nigeria leverage legal analytics platforms to analyze case data, identify legal trends, and assess the potential outcomes of legal disputes. These platforms analyze large volumes of data to identify patterns, predict case outcomes based on historical data to identify patterns, predict case outcomes, and assess litigation risks. Prosecutors can use this information to develop case strategies, allocate resources effectively, and make informed decisions. Prosecutors also case prediction models to evaluate the strengths and weaknesses of their cases, prioritize resources, and make informed decisions about case management and litigation strategies. Case prediction models are advanced analytic and machine learning algorithms used to develop predictive models to forecast the likelihood of case outcomes based on historical data and case characteristics.
The impact of technology on crime investigation and prosecution is not without limitations. Some of the limitations are:
- Resource Restraint:
Limited Funding, inadequate infrastructure, and a shortage of skilled personnel can hinder the widespread adoption and effective utilization of technology in crime investigation and prosecution.
- Digital Divide:
Disparities in access to technology and internet connectivity pose challenges to the adoption of technology in crime investigation and prosecution, particularly in rural and underserved areas of Nigeria.
- Cybersecurity Risks:
The digitization of the legal process increases the risk of cyber threats such as data breaches, hacking, and unauthorized access. Prosecutors must implement robust cybersecurity measures to protect sensitive legal information, preserve the integrity of legal proceedings, and safeguard the rights of all parties involved.
- Training and Capacity Building:
Adequate training and capacity-building initiatives are essential to ensure that prosecutors and court personnel have the necessary skills and competencies to effectively utilize technology in prosecution. Investments in training programs, skill development workshops, and continuing education initiatives are needed to enhance digital literacy and technological proficiency among legal practitioners in Nigeria.
- Ethical and legal considerations:
The use of technology in crime investigations raises ethical and legal concerns regarding privacy rights, data protection, and due process. Nigerian authorities must navigate these challenges while ensuring that investigative practices comply with legal standards and respect human rights principles.
CONCLUSION
In conclusion, the appraisal of the impact of technology on crime investigation and prosecution in Nigeria reveals a significant transformation in the criminal justice system. Technology has revolutionized various aspects of both crime investigation and prosecution, leading to improvements in efficiency, effectiveness, and access to justice.
In crime investigation, the adoption of digital forensics, surveillance technology, biometric identification, and DNA analysis has enhanced the collection, analysis, and presentation of evidence. These technological advancements have facilitated the identification and apprehension of suspects, leading to increased success rates in solving crimes. Additionally, the utilization of technology in evidence presentation, such as electronic evidence presentation systems, has improved the clarity and effectiveness of presenting evidence in court, aiding in securing convictions.
Similarly, technology has revolutionized prosecution by facilitating digital case management, electronic evidence presentation, legal analytics, and remote court proceedings. Digital case management systems streamline administrative tasks, while electronic evidence presentation systems enhance the presentation of evidence during trial proceedings. Legal analytics platforms provide valuable insights that inform case strategy and decision-making, while remote court proceedings ensure continued access to justice, particularly during times of crisis.
However, despite the numerous benefits of technology in crime investigation and prosecution, challenges remain. These challenges include resource constraints, cybersecurity risks, and the need for ongoing training and capacity-building initiatives. Addressing these challenges requires sustained investments in technology infrastructure, cybersecurity measures, and human resource development to maximize the benefits of technology while mitigating potential risks.
Overall, the integration of technology into crime investigation and prosecution represents a significant advancement in the Nigerian criminal justice system. By leveraging technological innovations, law enforcement agencies and legal practitioners can enhance their capabilities, improve outcomes, and uphold the rule of law, ultimately contributing to a safer and more just society. Continued investment and adaptation to emerging technologies will be essential to ensure that Nigeria remains at the forefront of leveraging technology for crime prevention and justice administration.
FOOTNOTES:
[1] Merriam-Webster Dictionary
[2] https://www.britannica.com
[3] Merriam-Webster
[4] https://felician.libguides.com
[5] Cambridge dictionary
[6] (1969) NMLR 194
[7] The Queen v Akpan (1961) 1 All NLR 3
[8] Shonubi v People of Lagos State (2015) All FWLR (pt. 801) at 1424, 1432 to 1433
[10] Section 84 of the Nigerian Evidence Act 2011
[11] (2022) Md. App. LEXIS 286, 2022 WL 1134754 (Court of Special Appeals of Maryland April 18, 2022, Filed)
[12] https://journals.ezenwaohaetorc.org
[13] ANEKE: The Legality of Virtual Court Hearing in Nigeria: The Way Forward
0 Comments