ALTERNATIVE DISPUTE RESOLUTION AND ADMINISTRATION OF CRIMINAL JUSTICE: ISSUES AND CHALLENGES

Abstract

The common belief is that alternative dispute resolution cannot resolve criminal cases, especially serious criminal cases. Owing to the fact that crime is seen as an offence against the state and the laws of the state are against concealment and compoundment of crimes, the belief is that alternative dispute resolution is inappropriate for the resolution of such matters because criminals must be prosecuted in the state courts. This paper analysed the concept of alternative dispute resolution and administration of criminal justice in Nigeria; its issues and challenges. Nigerian courts are crowded with criminal cases which resulted in delaying of delivering of justice. This constitutes a great challenge in the administration of criminal justice. The quest to provide solution to this problem necessitated this paper. The paper also determined whether alternative dispute resolution is appropriate and relevant to the administration of criminal Justice: whether current jurisprudence that alternative dispute resolution does not apply to criminal disputes does not need a rethink?; whether alternative dispute resolution can co-exist with mainstream criminal justice system? This paper also presupposed the use of alternative dispute resolution and in the administration of criminal justice and took the position that alternative dispute resolution cannot take the place of the normal criminal trial but only a supplement that can go a long way in reducing the problems of the criminal justice system in the administration of justice. The thesis further articulated alternative dispute resolution mechanisms generally in contradistinction to litigation as a means of resolving disputes. Criminal justice system in Nigeria lies in the proper integration of alternative dispute resolution into the justice delivery system. The paper resolved that alternative dispute resolution could be applied in the criminal justice system for the benefit of all Nigerians and concluded that in justice system, there is need for the use and application of alternative dispute resolution as the future of the Nigerian administration of justice. It recommended majorly a systemic and holistic integration of alternative dispute resolution into the mainstream of criminal justice system. Alternative dispute resolution is one sure way of strengthening Nigeria’s criminal justice system.