The Applicability of ADR in our Criminal Justice System

Written by Adebayo Faruq Adebayo

 

Abstract

The Nigerian criminal justice system has faced various challenges over the years. These challenges have hindered it’s efficiency, effectiveness, and the overall goal of delivering justice. There are numerous cases of prolonged trials in Nigeria, often lasting several years.

This delay is due to factors such as frequently adjournments, slow legal processes, and an overburdened court system. The popular maxim “justice delayed is justice denied” is sadly and manifestly applicable in many cases. Not only but also Nigerian prisons have consistently been overpopulated, with many inmates awaiting trial for extended periods.

This not only violates the rights of the inmates but also places a huge strain on the government resources. These and many other reasons have alerted and triggered the alarming tone of “The Bar” and “The Bench” to the application of ADR in our Criminal Justice System. However, many scholars have argued on the unrealistic application of ADR in Criminal Justice System except in some cases of simple offenses.

This piece particularly dwells into the extent to which ADR is applicable in Nigerian Justice System through the examination of Nigerian Criminal System, the Nigeria Legal Framework on ADR, the common forms of ADR, ADR mechanism suitable for criminal cases, cited problems that hinder the applicability of ADR in the said criminal justice system and finally provides some recommendations to improve the phenomenon.

 

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THE APPLICABILITY OF ADR IN OUR CRIMINAL JUSTICE SYSTEM

 

About the Author

ADEBAYO, Faruq Adebayo is a passionate 300 level law student at the University of Ilorin, Kwara State. With a keen interest in Human Rights, Constitutional Law, TechLaw and Arbitration. He is an avid researcher and prolific writer with so many works to his name.

2 comments
  1. Thanks so much for your feedback. However, as it can be deduced from the piece, little can it be applicable in all case of Criminal Justice System.

  2. Good job,keep up the good work,and I look forward to a day that a call for the application of ADR would be in it’s full action in my country Nigeria.

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