Abstract
This paper showcases amnesty as an alternative dispute resolution (ADR) mechanism in Nigeria: focusing particularly on the use and misuse of the system. It presents the Niger Delta amnesty programme as a necessity given the way the crisis in the oil-rich region directly affects the Nigerian economy. It was needed for boosting oil production. However, one does not see any evidence of remorse in those that the country claimed to have given amnesty. The system puts money in their pockets but fails to address the reasons for the youth militancy. Hence criminal and political violence persists in the region. More worrisome is the decision of the government to extend the amnesty programme to career criminals outside the Niger Delta region. Once the government is unable to defeat a criminal group in the country, it dangles amnesty to it. This paper problematizes this as clear evidence of state failure in Nigeria.
Highlights
The Nigerian state was created by the British in 1914 by bringing the diverse empires, kingdoms and people in the pre-colonial society together
One does not see any evidence of remorse in those that the country claimed to have given amnesty
Many Nigerians feel that the prevention and management of violent conflicts in Nigeria would improve with the government giving consideration to alternative dispute resolution (ADR) mechanisms
Summary
The Nigerian state was created by the British in 1914 by bringing the diverse empires, kingdoms and people in the pre-colonial society together. Many Nigerians feel that the prevention and management of violent conflicts in Nigeria would improve with the government giving consideration to alternative dispute resolution (ADR) mechanisms. The available options, apart from the existing traditional or cultural institutions in Nigeria, include negotiation, conciliation, mediation, med-arb, and arbitration (most especially the non-binding type) They are most used in matters such as trade disputes, divorce action, and personal injury claims. The wider acceptability of ADR in the Nigerian justice system is clearly illustrated by the existence of court-connected (or annexed) ADR mechanisms around the country This encourages or mandates the use of ADR processes in dealing with certain category of cases: with the disputants being provided the onerous opportunity to make input into how their differences are sorted out. The present paper joins the debate by examining how amnesty, an aspect of ADR, increasingly provides the opportunity for high profile criminals in Nigeria to walk away from justice
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