Disputes surrounding paternity are increasing in Nigeria, especially as public awareness about DNA testing grows. The advancement of medical science has made it easier to confirm biological relationships with accuracy levels exceeding 99%. However, as DNA testing becomes more common in both family and court processes, legal questions continue to arise: Can a Nigerian court compel a DNA test? Does a refusal imply guilt? And how do constitutional rights apply in such matters?
This article critically examines the legality of DNA testing in Nigeria, using statutory provisions and recent judicial authorities to highlight the current legal position and possible reforms.
What the Law Says: Constitutional and Statutory Position
Paternity disputes often intersect with two key legal protections:
1. Right to privacy and dignity :
– Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) guarantees the right to privacy of citizens and their families.
– Section 34 guarantees the dignity of the human person.
A compulsory DNA test may therefore be interpreted as invasion of privacy and a possible violation of bodily integrity.
2. Admissibility of scientific evidence :
The Evidence Act 2011 (as amended) recognizes admissibility of scientific and expert evidence in Nigerian courts. Section 68 allows expert testimony, while Section 84 governs admissibility of electronic and scientific records.
Thus, DNA evidence is legally admissible, but compelling a person to undergo the test raises constitutional concerns.
Can a Nigerian Court Order a DNA Test?
The law currently holds that a court cannot force a party to provide a DNA sample against their will. Doing so would be unconstitutional unless backed by statutory authority.
However, courts may draw reasonable inferences from a refusal.
➤ In Ukeje v. Ukeje (2014) 11 NWLR (Pt. 1418) 384, the Supreme Court recognized DNA testing as a credible tool for establishing paternity.
➤ In Nwafia v. Ububa (2020) LPELR-51292(CA), the Court of Appeal held that a judge may order a DNA test where necessary to ascertain the truth but cannot compel compliance if the party objects.
In essence:
– A judge can request a DNA test
– A judge cannot force compliance
– A refusal may negatively affect the refusing party’s case
Therefore, DNA testing is encouraged but not yet mandatorily enforceable in Nigeria.
DNA Test and Presumption of Legitimacy
Nigerian law historically protects the presumption that a child born during a lawful marriage belongs to the husband.
➤ Section 165 of the Evidence Act 2011 recognizes a strong presumption of legitimacy.
Only credible evidence, such as a DNA result, can rebut this presumption.
Thus, DNA testing serves as a scientific check balancing long-standing legal presumptions with modern realities.
Child’s Best Interest, The Superior Consideration
Nigeria recognizes the best interest of the child as supreme, especially in custody or maintenance disputes.
➤ Section 1 of the Child Rights Act 2003
➤ Applied in cases such as Ojo v. Akinwumi (2021) LPELR-54531(CA)
Where determining paternity safeguards a child’s welfare (inheritance, identity, support), courts are increasingly favouring DNA testing to arrive at truth rather than rely only on presumptions.
The shift:
Best interest of the child > Parent’s privacy concerns
DNA Testing in Criminal Cases
In criminal investigations, DNA testing may be used to:
– Establish identity of suspects
– Link an accused to a crime scene
– Solve sexual offences or child trafficking cases.
Here, privacy rights give way to public interest and the pursuit of justice, provided legal procedures are followed.
Challenges in Nigerian Paternity DNA Legal Practice
Despite increasing reliance on DNA testing in paternity disputes, several practical and legal challenges continue to hinder its effective application in Nigeria. First, there is no clear statutory provision expressly empowering courts to compel DNA testing, meaning judicial authority in this area remains cautious and often inconsistent.
Additionally, the high cost of DNA testing, typically ranging from ₦80,000 to as high as ₦250,000 or more, creates a financial barrier for many families seeking the truth. Even when parties are willing, the limited number of accredited laboratories raises concerns about the accuracy, chain of custody, and overall evidential value of test results.
Cultural and religious sensitivities also play a strong role, as paternity disputes may be viewed as family matters that should not be “exposed,” leading to voluntary refusal or emotional resistance to testing. All of these issues are further worsened by slow judicial processes, which prolong uncertainty and negatively affect the best interests of the child, who should ideally be the primary consideration in paternity cases.
These barriers call for clearer legal reform.
Calls for Reform
Legal scholars and ADR experts consistently recommend:
• A Paternity Testing Regulation Act
• Court-ordered DNA tests where child welfare is at stake
• Government-subsidized DNA testing in indigent cases
• Transparent guidelines on handling DNA samples and results
• Additionally, Alternative Dispute Resolution (ADR), especially family mediation, can reduce emotional trauma and prevent hostile litigation.
Conclusion
The legal framework for DNA testing in paternity disputes in Nigeria is evolving. While DNA tests are admissible and reliable, courts cannot currently compel a person to undergo one. However, refusal may result in adverse judicial inferences.
Ultimately, the pivotal principle remains:
The best interest of the child must prevail. As society advances and genetic technology becomes more accessible, Nigeria must adapt its laws to ensure that justice, family dignity, and children’s rights are fully protected.
