Comparative Analysis of DNA Evidence Admissibility Standards in Nigerian and South African Criminal Courts

The admissibility of DNA evidence in criminal proceedings is governed by legal standards that vary significantly across African jurisdictions, with implications for the reliability and fairness of forensic-dependent prosecutions. This study conducts a comparative analysis of DNA evidence admissibility standards in Nigerian and South African criminal courts, focusing on judicial decisions between 2018 and 2024. An empirical comparative legal research design was employed, involving systematic review of forty-two case decisions across both jurisdictions, textual analysis of relevant legislative and procedural frameworks, and semi-structured interviews with twelve criminal law academics and forensic scientists in both countries. The study examines admissibility criteria, chain of custody requirements, standards for expert witness qualification, and the weighting of DNA probability statistics by courts. Findings reveal that South African courts apply a more structured evidential framework under the Criminal Procedure Act, incorporating explicit probabilistic standards for DNA match interpretation, while Nigerian courts demonstrate greater variability in admissibility decisions, frequently influenced by the completeness of laboratory accreditation documentation. The study identifies the absence of a national DNA database as a critical gap limiting the investigative utility of DNA evidence in Nigeria. Recommendations include the enactment of a dedicated forensic evidence statute in Nigeria modelled on comparative international frameworks and the establishment of a NDIS-equivalent national DNA database under the jurisdiction of the Nigerian Institute of Forensic Science. Keywords: DNA admissibility, comparative law, Nigeria, South Africa, forensic evidence.