The National Executive Council of the Nigerian Bar Association has condemned what it described as the growing misuse of criminal law enforcement mechanisms in disputes that are fundamentally civil in nature, citing recent arrests linked to a viral social media publication concerning businessman Tony Elumelu.
At its meeting held on Thursday in Awka, the NBA NEC expressed concern over what it called an increasing trend of deploying police powers in matters that should ordinarily be resolved through civil legal procedures such as defamation suits.
In a resolution adopted after deliberations, the council stated that while false or defamatory publications may attract legal consequences, lawful remedies already exist within Nigeria’s civil justice framework without resorting to arrest, detention, or criminal prosecution.
“The Council emphasized that while false and defamatory publications may give rise to legal consequences, civil remedies such as defamation proceedings provide lawful and adequate avenues for redress without resort to arrest, detention, or criminal prosecution,” the NBA said.
The legal body warned that criminalising disputes rooted in reputational injury or online commentary could undermine constitutional rights, including freedom of expression, personal liberty, and fair hearing. According to the council, the continued use of criminal processes in civil disputes risks creating a chilling effect on lawful public discourse and democratic engagement.
The NBA specifically referenced recent reports involving the arrest of individuals over a viral social media post connected to Elumelu, noting that law enforcement agencies must exercise restraint and avoid invoking criminal procedures in matters where no recognised criminal offence has been established under Nigerian law.
“The Council further noted that the abuse of police powers in civil disputes risks creating a chilling effect on lawful expression and public discourse,” the resolution stated.
The association also demanded the immediate release of any person arrested solely over such publications where no lawful criminal offence has been disclosed, insisting that police authorities must respect the limits of their constitutional powers.Tone
