A human rights lawyer, Frank Tietie, wants Nigerian courts to go the extra mile in determining paternity fraud cases – that is, when a mother deliberately or falsely attributes a child to man who is not their biological father.
Tietie (Executive Director, Citizens Advocacy for Social & Economic Rights) fingered DNA testing laboratories as accomplices while making his presentation at the 2021 Annual Conference of the Nigerian Bar Association Section on Public Interest and Development Law, in Ibadan, Oyo state.
Speaking on “Paternity Fraud: Examining the Legal and Social Implications”, the lawyer said relevant authorities like the court should not just admit a DNA test result simply because it was presented by a contending party.`
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He argued that it is possible for a DNA test laboratory to be bribed to issue false test results, thereby jeopardizing the true heritage of a child or children.
“The DNA test has come to stay in Nigeria as the ultimate settler of issues of paternity. This enjoys both statutory and judicial support that apply to children (persons under the age of 18 years) and adult persons. The use of DNA tests to determine paternity is not in any way in doubt under extant Nigerian laws. However, there are standards to be strictly followed in the application of DNA tests to determine paternity.
“Therefore, in the typical sense of what constitutes fraud, a DNA testing laboratory also holds a strong potential to conspire to commit paternity fraud by deliberately tampering with samples taken/obtained from disputing parties in order to give misleading DNA test results of directly issuing false DNA test results,” he said.
To reduce such possibility, Tietie recommended that paternity tests should be done under strict supervision by court officials.
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“Paternity tests however accurate are still subject to fraud and manipulation therefore, if ever in extreme cases, that they must be conducted, they should be done under the strict supervision of the High Court as provided for in the Child Rights Act.
“Therefore, our Courts should demand strong and high standards of rebuttal of the presumption of legitimacy as that will do well to promote the overall best interest of children in Nigeria,” he said on Tuesday.
A DNA (deoxyribonucleic acid) codes are genetic information that capture inherited traits amongst people, animals and plants.
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