Alternative Dispute Resolution in Criminal Cases: A Reality or Myth? A Case Study Of The Nigerian Criminal Justice System

Abstract

The challenges of the criminal justice system in Nigeria cannot be overlooked nor over-
emphasized. There are many pending criminal cases and many more being filed each day as there
is no society devoid of crime. Absence of witnesses, political interference, inadequate court
facilities are some of the causes of delay in criminal trials. The criminal justice system can
therefore be said to be in pressing need of alternative dispute resolution (ADR) which is a method
of settling disputes without the rigorous process of litigation thereby saving time and cost.
The use of comparative and doctrinal methodology was applied in this paper as it discusses the
role of ADR and the statutory provisions for ADR. It also focuses on the types of ADR and their
suitability to certain criminal offences. The paper also discusses the rights and duties available to
victims of crime and the defendant as well. It will also discuss and consider the role of restorative
justice in criminal justice system. It will consider plea bargain as it applies in criminal matters. In
conclusion, the paper will consider the effectiveness and way forward for the application and
enforceability of ADR mechanisms in the criminal justice system of Nigeria mainly through plea
bargaining.