TOWARDS A RIGHTS-BASED FORENSIC DNA DATABASE IN NIGERIA: COMPARATIVE AND CONSTITUTIONAL IMPERATIVES.

Abstract

Nigeria currently lacks a fully operational national forensic DNA database, despite growing security challenges and increasing use of DNA technology in criminal investigations globally. This article articulates a rights-based framework for establishing a forensic DNA database in Nigeria, and balancing public security imperatives with constitutional safeguards. The study also clarifies the nature and scope of forensic DNA databases, their role in state surveillance, and the civil liberties implicated, including privacy, bodily integrity, presumption of innocence, and equality. Theoretical foundations are developed through rights-based constitutionalism and the proportionality doctrine, providing normative criteria for collection, retention, and deletion policies. Comparative analysis of the United Kingdom and the United States of America highlights lessons in retention limits, deletion procedures, independent oversight, and proportional collection standards. The study identifies current gaps in Nigerian legislation and highlights risks of indefinite retention and weak oversight. The article argues that a rights-based DNA framework strengthens both investigative effectiveness and constitutional accountability, ensuring that Nigeria can implement a secure, lawful, and publicly legitimate forensic system. Building on these insights, the article recommends conviction-based default retention, enforceable deletion timelines, judicial or independent regulatory authorisation for exceptional retention, transparent reporting, and the establishment of an independent DNA Regulatory Commission.