Dare Babalola
The National Executive Council of the Nigerian Bar Association has condemned what it described as the growing misuse of criminal law enforcement processes in disputes that are essentially civil in nature, particularly matters involving defamation and reputational damage.
The association made its position known in a statement posted on its official X page on Thursday following the NEC meeting held in Awka, Anambra State.
According to the NBA, the council reviewed recent reports concerning the arrest of individuals over a viral social media publication linked to businessman Tony Elumelu and expressed concern over what it called the increasing deployment of police powers in cases that should ordinarily be handled through civil legal channels.
“The National Executive Council adopted a resolution condemning the increasing misuse of criminal law enforcement mechanisms in disputes fundamentally civil in nature, particularly matters relating to defamation and reputational injury,” the statement said.
The council noted that while false and defamatory publications may attract legal consequences, there are already lawful and sufficient civil remedies available to aggrieved persons.
“Civil remedies such as defamation proceedings provide lawful and adequate avenues for redress without resort to arrest, detention, or criminal prosecution,” it stated.
The NBA further warned that criminalising civil disputes threatens constitutional rights and democratic principles.
“The criminalisation of essentially civil disputes undermines constitutional safeguards, including the rights to personal liberty, freedom of expression, and fair hearing,” the council said.
It also cautioned that the abuse of police powers in such matters could discourage legitimate public engagement and free expression.
“The abuse of police powers in civil disputes risks creating a chilling effect on lawful expression and public discourse,” the statement added.
The NBA therefore called on law enforcement agencies across the country to exercise restraint and ensure criminal procedures are not wrongly used in matters where no recognised criminal offence exists under Nigerian law.
The association also demanded the immediate release of any person arrested solely over such publications where no lawful criminal offence has been established.
