LEGAL FRAMEWORK FOR THE INSTITUTIONALIZATION AND INCLUSION OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN THE NIGERIAN CRIMINAL JUSTICE ADMINISTRATION

Abstract

Alternative Dispute Resolution (ADR) has long been embraced in civil justice systems globally, but its integration into the criminal justice sphere, especially in Nigeria, remains a contentious and evolving area. The institutionalization and inclusion of ADR in the Nigerian criminal justice system represent a paradigm shift from the traditional adversarial, retributive model of justice toward a more restorative and rehabilitative framework. While ADR mechanisms such as arbitration, mediation, conciliation, negotiation, med-arb, victim-offender dialogues, and plea bargaining have long been applied in civil contexts, their gradual integration into the criminal process in Nigeria is gaining legal and scholarly attention. ADR in criminal justice in Nigeria is evolving, with reforms aimed at enhancing restorative justice, decongesting prisons, and promoting efficient resolution of minor criminal matters, and other economic and financial crimes related matters. The integration of ADR into criminal justice is more complex, particularly for serious offenses, due to the public interest nature of criminal law. The methodology that was adopted in this study is the doctrinal research method that focuses majorly on the interpretation of legal rules, principles, and concepts. This paper discusses the legal framework governing the deployment of ADR in criminal matters, focusing on key legislative instruments such as the Constitution of the Federal Republic of Nigeria 1999 (as amended); Administration of Criminal Justice Act (ACJA) 2015, and state-level adaptations; Arbitration and Mediation Act, 2023; Laws of the Federation 2004; and emerging restorative justice policies. It further examines the roles of institutions like the police, courts, and correctional agencies in facilitating non-custodial and community-based conflict resolution. Drawing from the foregoing, the paper advocates for reforms grounded in statutory backing, institutional capacity, and human rights safeguards, thus, it recommends, among others, the need for the National and State Assemblies to enact a dedicated legal framework for ADR and codification of restorative justice practices that moves away from the conventional retributive justice system and incorporate a restorative or reparative justice system. Furthermore, the paper recommends a multi-pronged reform approach encompassing legislative harmonization, capacity development, victim empowerment, and institutional safeguards to prevent abuse which would ultimately improve access to justice and reduce recidivism.