ANALYSIS ON ADMISSIBILITY OF SCIENTIFIC AND DNA EVIDENCE IN THE PROSECUTION OF RAPE CASES IN NIGERIA: A SHARI’AH PERSPECTIVE

Abstract

The prosecution of rape cases in Nigeria faces significant legal, evidentiary and institutional challenges, which are compounded in states operating Shari’ah due to its strict requirement of proof. Despite the enactment of the Evidence Act, 2023 and the VAPP Act, conviction rates remain low because of inadequate evidence collection, poor understanding of forensic procedures, and the reluctance of victims to report. This study examines the admissibility and utility of DNA and other scientific evidence in the prosecution of rape in Nigeria through the lens of Shari’ah principles. Using a doctrinal approach, the paper analyses the statutes and contemporary Shari’ah jurisprudence. The objective is to examine the legal and evidentiary challenges in the prosecution of rape cases in Nigeria and to analyse the admissibility and evidential weight of DNA under Shari’ah. Findings reveal that while DNA evidence is admissible under the Evidence Act, its status under Shari’ah remains contested, as it is not sufficient evidence to establish zina due to its inability to distinguish between consensual and non-consensual intercourse, but is widely accepted as circumstantial evidence for ta’azir punishment. The paper contributes to knowledge by proposing the first Nigerian framework that admits DNA in rape prosecutions within Shari’ah courts as qarina qawiyya and expert evidence for ta’azir, grounded in Maqasid al-Shari’ah and sadd al-dhari’a, thereby providing an Islamic-compliant path to improve convictions.