Ondo State Attorney-General and Commissioner for Justice, Dr. Olukayode Ajulo SAN, OON, has advocated an end to the practice of requiring families of homicide victims to pay for autopsies and other medical examinations necessary for criminal investigations.
Ajulo said bereaved families should not be made to shoulder the cost of establishing the cause of death where a person has died under suspicious, unnatural or potentially criminal circumstances.
According to him, where a death is being investigated as homicide, an autopsy is a necessary component of the investigation and should not depend on the family’s ability to pay. He explained that the procedure is not merely a private medical service for the deceased’s relatives but an important investigative process for establishing the cause and circumstances of death and obtaining evidence that may be crucial to prosecution.
He said the position is consistent with the philosophy and objectives of the Administration of Criminal Justice Act (ACJA) and the applicable Administration of Criminal Justice Law (ACJL), which seek to promote an efficient, humane and victim-sensitive criminal justice system while safeguarding the rights of accused persons.
“It is therefore the responsibility of the relevant government and investigative authorities to ensure that the examination is conducted promptly and the resulting medical report made available to investigators and prosecuting counsel. A citizen who has suffered a crime should not be required to purchase justice before the State will investigate that crime. He said.
Ajulo noted that the absence of autopsy or other medical evidence has, in some cases, created significant difficulties in the prosecution of homicide offences. He explained that prosecuting counsel may diligently present a case only to encounter an evidentiary gap because the necessary examination was not conducted or the resulting report was unavailable.
“In some instances, relatives of deceased persons would tell the court that no autopsy was conducted because the family could not afford the fees demanded for the examination. This can leave prosecutors without crucial evidence required to establish the cause of death and properly present the State’s case.” He added.
The Attorney-General said the responsibility for investigating suspected criminal conduct should not be transferred to bereaved families, stressing that financial circumstances must not determine whether essential medico-legal evidence is obtained.
“Justice must never become a commodity available only to those who can afford its preliminary cost.” He said.
He stressed that the policy does not diminish the constitutional rights of persons accused of crimes. Rather, it is intended to ensure that criminal proceedings are determined on the basis of properly obtained evidence and due process.
Ajulo called for closer coordination among the Police, medical practitioners, the judiciary and other relevant institutions to ensure that autopsies in suspected homicide cases are conducted promptly. He also called for clear procedures covering the preservation of evidence, post-mortem examinations and the transmission of medical reports to investigators and prosecuting counsel.
He said the measure forms part of the broader reform of criminal justice administration contemplated by the ACJA and corresponding state legislation, noting that modern criminal justice must recognise not only the rights of defendants but also the dignity and legitimate interests of victims and their families.
The Commissioner said appropriate State institutions and budgetary mechanisms should provide for medico-legal examinations required in the investigation of suspected crimes.
“Government and investigative authorities must investigate crime, they must prosecute crime, and where a medical examination is an essential part of that criminal investigation, the burden should rest upon the government and the investigative authorities, not upon the victim’s grieving family.” He stressed.
Ajulo said the measure should form part of the government’s efforts to strengthen criminal investigation and prosecution, ensure access to essential forensic and medical evidence, and reduce the burden on families already dealing with the loss of a loved one.
