Alternative Dispute Resolution (ADR) and Restorative Justice Research Group

JUSTIFICATION BRIEF/STATEMENT OF INTENT
1. Name: Alternative Dispute Resolution (ADR) and Restorative Justice Research Group
2. Introduction: Disputing parties often resort to litigation as the traditional form of dispute resolution. Alternative Dispute Resolution (ADR) refers to alternative methods to litigation for the settlement of disputes. Certain disputes are more suitable for settlement outside the court through alternative means such as arbitration, conciliation, mediation, negotiation etc which are flexible, cheaper and less cumbersome.
The Nigerian Arbitration and Conciliation Act which is the relevant principal legislation applicable throughout the federation contains some inelegant and outdated provisions which does not cover mediation, negotiation etc. there is also a dearth of legislation on access to restorative justice in Nigeria. Restorative justice is aimed at protecting the interests of victims, offenders and the society at large.
3. Research Focus: The key purpose of this research initiative is to critically examine existing relevant laws and practice and recommend necessary reforms that can promote business investments and enhance restorative justice system in Nigeria.
The objective of the study is also to fashion out modern legislative framework that will promote better and efficient administration of justice system in Nigeria. An effective justice system will not only strengthen rule of law, it will also promote peace and harmony within the society.

4. Possible Research Topics:
a. Decongesting the Prison through a more Efficient ADR and Restorative Justice System in Nigeria.
b. In Search of a Better ADR Law in Nigeria.
c. A Case for Minimal Judicial Intervention in Arbitral Process in Nigeria.
d. Determining the Arbitrability of Criminal Matters in Nigeria.
5. Composition:
a. .
i. Name: Chukwunonso Okafo
ii. Department: International Law and Jurisprudence
iii. Position: Professor of Law, Associate Dean Faculty of Law, Editor in Chief, Law and Policy Review
iv. Qualifications: LL.B (Nig), M.A. (Detroit.) Ph.D. (Penn), B.L.
v. Relevant Publications: Author; (1) The Relationship between Informal and Formal Social Control, (1996) University of Microfilms. (2) Law and Justice in Post-British Nigeria, (2002) Greenwood Press. (3) Reconstructing Law and Justice in a Post Colony, (2009) Ashgate Publishing. (4) Grounded Law, (2012) Wildfire Publishing. (5) “A Sensible and Compelling Substitute for Capital Punishment: Alternative Model; Salient Matters Arising in Nigeria and the USA”, (2012) Law and Policy Review. (6) Chukwunonso Okafo, John Funsho Olorunfemi & Rev. Fr. Adrian Osuagwu, “Analyzing the Effectiveness of Relevant Laws and Crime Control Theories in the Fight Against Corruption in Nigeria”, in Corruption and National Development, I. A. Abdulqadir, et al (eds), Proceedings of the 46th Annual Conference of the Nigerian Association of Law Teachers, 22 – 26 April, 2013 at the University of Ilorin, pp. 670 – 701.
b. .
i. Name: Rev. Fr. Edwin .O. Ezike
ii. Department: Public and Private Law
iii. Position: Senior Lecturer
iv. Qualifications: B. Phil; B. Div (Rome), LL.B, LL.M, Ph.D (Nig), B.L.
v. Relevant Publications: Author; (1) Ezike, Edwin Obimma, “Non-Pecuniary Remedies and Interim Measures of Protection in Arbitration: A Comparative Perspective”, Negotiation and Dispute Resolution Annual Review 2014, pp. 91 – 114. (2) C. A. Ogbuabor, E. O. Nwosu and E. O. Ezike, “Mainstreaming ADR in Nigeria’s Criminal Justice System, European Journal of Social Sciences, Vol. 43 Issue 1 (2014). (3) Ezike, Edwin Obimma, “Customary Arbitration and the Courts – A Confusion in the Law”, University of Benin Law Journal, (2013) Vol. 14 No. 1 pp. 45 – 67. (4) Ezike, Edwin Obimma, “Halting the Misconceptions Relating to Customary Arbitration Award in Nigeria”, International Arbitration Law Review, Vol. 16 Issue 5, (2013), pp. 162 – 169. (5) Ezike, Edwin Obimma, “Developing a Statutory Framework for ADR in Nigeria”, The Nigerian Juridical Review, vol. 10 (2011-2012), pp. 248 – 266. (6) Ezike, Edwin Obimma, “Time within Which to Set Aside an Arbitral Award under the Nigerian Arbitration and Conciliation Act”, Law and Policy Review, Vol. 3 (2012), pp. 26 – 47. (7) Ezike, Edwin Obimma, “Appraisal of Legislative and Institutional Development of Anti-Corruption,” Nigerian Journal of Public Law (NJPL), Vol. 1 No. 1 (2008), pp. 145 – 160. (8) Ezike, Edwin Obimma, “The Validity of Section 34 of the Arbitration and Conciliation Act,” The Nigerian Juridical Review, Vol. 8 2000 – 2002, pp. 139 – 151. (9) Ezike, Edwin Obimma, “The Validity of an Award under Customary Law Arbitration,” The Nigerian Juridical Review, Vol. 7 1998 – 1999, pp. 269 – 278.

c. .
i. Name: Chukwunweike Anukenyi Ogbuabor
ii. Department: International Law and Jurisprudence
iii. Position: Senior Lecturer, Book Review Editor, Nigerian Juridical Review; Head of Department, International Law and Jurisprudence.
iv. Qualifications: LL.B, LL.M, Ph.D (Nig), B.L
Relevant Publications: His doctoral thesis was on a “Critique of Alternative Dispute Resolution and Restorative Justice in Nigeria’s Criminal Justice System.” He teaches Administrative Law, the Law of Arbitration and Nigerian Legal System to the undergraduate students. He has published extensively in highly reputable journals especially in the area of Administrative and Constitutional law as well as Arbitration and ADR. His research publications include “ADR and the Criminal Law in Resolution of Sport Disputes in Nigeria”, (2010-2011) Ahmadu Bello University Journal of Private and Comparative Law, Vols. 4 & 5, pp.15-30; “Impact of Nigeria’s Child’s Rights Act on Alternative Dispute Resolution and the Criminal Justice System,” with NWOSU, E. O., (2014) European Journal of Social Sciences, Vol. 42, No. 4. pp. 464 – 481; “Mainstreaming ADR in Nigeria’s Criminal Justice System,” with NWOSU, E. O., & EZIKE, E. O., (2014) European Journal of Social Sciences, Vol. 45, No. 1, pp. 32 – 43; “Tribunals of Inquiry as a Residual Matter under the Nigerian Constitution: Resolving the Nigerian Conundrum,” (2014) African Journal of International and Comparative Law, Vol. 22, No. 2, pp. 273-307; “Rethinking the Alternative Remedy Rule in Nigeria”, (2014) (in press) International Journal of Public Law and Policy, Vol. 4; The Taking of Disposal Action by Repository of Power after Inquiry in Nigeria, UNIZIK Law Journal Vol. 6. No. 1, pp. 57 – 76; “Towards a Consistent Application of the Law on Pre-Action Notice in Nigeria”, Nigerian Journal of Public Law Vol. 2 No. 1, pp. 148 – 169; “Recurrent Issues in the Validity of Customary Law Arbitration in Nigeria” in AMUCHEAZI, O. D & OGBUABOR, C. A.,(eds.), Thematic Issues in Nigerian Arbitration Law and Practice (Onitsha: Varsity Press Limited, 2008), pp. 88 – 116, cited with approval by the Court of Appeal in Enterprise Bank Ltd & Anor v Emma Bayo Aregbola Nigeria Company Ltd & Anor (2012) LPELR – 19692 (CA) at p. 71; and ; “Extending the Frontier of Arbitration in Nigeria through Bilateral Investment Treaties and National Legislation,” UNIZIK Law Journal, Vol. 5 No. 1, pp. 353 – 378. Dr. Ogbuabor has research interests in Public Law, Access to Justice, Arbitration and ADR. He is currently the Ag. Head of the Department of International Law and Jurisprudence, University of Nigeria.
e-mail address: chukwunweike.ogbuabor@unn.edu.ng; chukwunweikeogbuabor@gmail.com
Phone: 08033379239
v.
d. .
i. Name: John Funsho Olorunfemi
ii. Department: Commercial and Property Law.
iii. Position: Lecturer I, Book Review Editor, Nigerian Juridical Review, Editor, Law and Policy Review, Editor in Chief, Journal of Petroleum, Natural Resources and Environmental Law, Managing Editor, Nigeria Journal of Public Law, Managing Editor, Journal of Contemporary Law.
iv. Qualifications: LL.B., (Ife) LL.M., (Nig) B.L.
v. Relevant Publications: Author; (1) John Funsho Olorunfemi, “The Challenge of Arbitral Award in Nigeria”, chapter 3 in O.D. Amucheazi and C.A. Ogbuabor (eds.) Thematic Issues in Nigeria Arbitration Law and Practice (Varsity Press Ltd) Onitsha, 2008) pp.32-67. (2) John Funsho Olorunfemi, “Determining the Mental Element of Murder in Nigeria; Nigerian Journal of Public Law, Vol. 1. No. 1, 2008, pp. 161-178. (3) John Funsho Olorunfemi, “The Effect of Arbitration Agreement on the Jurisdiction of the Court in Nigeria”, Nigerian Journal of Public Law, Vol. 2. No. 1, 2009, pp. 310-315. (4) John Funsho Olorunfemi, “When Smuggling may attract Death Sentence in Nigeria”, University of Ilorin Law Journal, Vol.5. 2009, pp.118-131. .also available at http://www.unilorin.edu.ng/ejounals/index.php/uilj/artrcle/view/9. (5) John Funsho Olorunfemi, “Time to Apply to set aside an Arbitral Award in Nigeria: A Review of Araka v. Ejeagwu”, The Appellate Review, Vol. 1, No. 2, 2010, pp. 203-219. (6) John Funsho Olorunfemi, “Section 11 of the 2004 Nigerian Petroleum Act is Empty”. Petroleum, Natural Resources and Environmental Law Journal, Vol. 2 No.1 (2010), pp.1-22. (7) John Funsho Olorunfemi, “What is the Appropriate Remedy for a Breach of Arbitration Agreement in Nigeria”, Uniuyo Journal of Commercial and Property Law, Vol. 1, Dec 2010, pp. 148-162. (8) John Funsho Olorunfemi, “The Impact of the New Arbitration Reforms Bill on the Jurisdiction of Arbitral Tribunal and Power of the Tribunal and Courts to take Interim Measures in Nigeria”, ESUT Public Law Journal,Vol.1, No. 1, 2011, pp. 90 – 102. (9) John Funsho Olorunfemi, “Reconciling the Seeming Conflict in Sections 4 & 5 of the Nigerian Arbitration and Conciliation Act”, Nigerian Juridical Review, Vol 10, 2011-2012, pp.154-173. (10) Chukwunonso Okafo, John Funsho Olorunfemi & Rev. Fr. Adrian Osuagwu, “Analyzing the Effectiveness of Relevant Laws and Crime Control Theories in the Fight Against Corruption in Nigeria”, in Corruption and National Development, I. A. Abdulqadir, et al (eds), Proceedings of the 46th Annual Conference of the Nigerian Association of Law Teachers, 22 – 26 April, 2013 at the University of Ilorin, pp. 670 – 701. (11) John Funsho Olorunfemi, ‘Unbundling or Merger of Nigerian EFCC with ICPC: Which Way? UBLJ (2013) Vol. 14 No. 1, pp. 68 – 90.
e. .
i. Name: Ugochinyelu Chikodili Nerissa Okolo
ii. Department: Commercial and Property Law
iii. Position: Lecturer II
iv. Qualifications: LL. B., (Nig), LL.M., (London), B.L.
v. Relevant Publications: Author; U.C.N Okolo; “Is the Mediator a Therapist? A Critique of the Role of the Mediator in Bush and Folger’s Transformative Model of Mediation”, Law and Policy Review (2012) Vol. 4, pp 37-52.
f. .
i. Name: Callistus Nnaemeka Iyidobi
ii. Department: Commercial and Property Law
iii. Position: Assistant Lecturer
iv. Qualifications: LL.B, LL.M., (Nig), B.L.