By: Dr. Solomon E. Arase NPM, FDC, FCArb (IGP, Rtd)
This is an excerpt from the Paper presented by the Author at the
2022 Hybrid Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb)
Introduction
The Role of Law Enforcement Agencies in Promoting ADR mechanisms in Nigeria and Africa at large cannot be overemphasized. The misconception and ignorance that ADR principles cannot deliver justice in civil and crime-related matters is a worm that has since eaten deep into the judicial system of Nigeria. Contrary to the widespread notion, ADR can be used in crime management and non-state actors can contribute more than is presently being done in the efforts at improving justice in the Judiciary sector of Nigeria.
What is ADR?
ADR is simply the acronym for Alternative Dispute Resolution which generally refers to other processes of resolving disputes outside courtroom litigation. Major ADR processes include Negotiation, Mediation, Conciliation, Arbitration, Early Neutral Evaluation, and other Hybrids. ADR is so effective that at any point before, during, and after litigation, it could be resorted to. ADR processes are multidisciplinary tools for creative problem solving than a set of legal principles or procedures.
The Role of Law Enforcement Agencies in Promoting ADR
Law Enforcement Agencies in Nigeria is saddled with the main objective of maintaining law/order and protecting the lives/properties of its citizenry. Some of these agencies are the Nigeria Police Force, National Drug Law Enforcement Agency (NDLEA), Nigeria Customs Service, The Nigeria Army, and Independent Corrupt Practices Commission (ICPC), to mention a few.
How Can Law Enforcement Agencies Promote Arbitration?
- Law Enforcement Agencies can help reduce pressures on their part and also avert litigation in courts by building a capacity of security stakeholders to address conflicts in communities.
- This capacity building can extend to traditional rulers, the town unions, and community safety partnerships that would be able to handle simple conflicts at community levels, but in any case, where the issue escapes from the community to the police, the Police need the knowledge of ADR to be able to deal with such matters.
- Instructively, Law Enforcement Agencies can adopt ADR mechanisms to maintain peace and order in their society as it is faster and less adversarial and capable of achieving better outcomes for conflicting parties.
- One of the many ways Law Enforcement Agencies can promote ADR would be to partner with Arbitration/Mediation Institutes to train their officers for improved mediation and professional conciliation in minor matters reported. This training should also be made regular and full implementation must be ensured.
- These agencies should also collaborate with leading ADR Institutions and professionals for suggestions, service provision, and advice on the effective procedural modes of effecting ADR directives in conciliation.
- Standard of Operations/Guidelines should be published by law enforcement agencies to delineate procedural steps vis-à-vis the relevant ADR mechanism to be utilized in conciliation of aggrieved parties.
- The remarkable advancements in ADR must be matched with aggressive publicity. Members of the public must be enlightened about the existence of ADR mechanisms and be assured that law enforcement agencies are saddled with the know-how of its operationality.
The critical nature of amicable dispute resolution in the face of a fast-paced economic climate cannot be overemphasized. The backlog of cases in court has made efficient adjudication impossible to achieve, thereby carrying its economic implications.
To this end, the efforts by Law Enforcement Agencies in promoting ADR are commendable. However, one must bear in mind that without proper implementation, the aims of ADR will be defeated. Thus, these agencies must be funded, given the right personnel, and collaborate with ADR stakeholders to ensure the efficiency of ADR mechanisms.
