THE NIGERIAN Bar Association (NBA) has faulted what it described as an increasing resort to criminal prosecution and police intervention in disputes that are essentially civil, particularly cases tied to defamation and alleged reputational harm.
The NBA made this position known at its National Executive Council (NEC) meeting held on Thursday in Awka, Anambra State, where members reviewed recent developments involving arrests linked to social media publications.
The association pointed to an incident involving the arrest and detention of individuals over a viral online post about businessman Tony Elumelu, saying such situation reflected a growing pattern of treating civil disagreements as criminal matters.
“The National Executive Council (NEC) of the Nigerian Bar Association (NBA)… 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 body said.
The NBA NEC noted that although allegations of false or damaging publications might carry legal implications, the appropriate response would lie within civil litigation rather than arrest or detention.
“Civil remedies such as defamation proceedings provide lawful and adequate avenues for redress without resort to arrest, detention, or criminal prosecution,” the association stated..
It added, “NEC considered recent reports involving the arrest of individuals over a viral social media publication concerning businessman Mr. Tony Elumelu and expressed concern over the growing tendency to deploy police powers in matters that ought properly to be resolved through civil legal processes.”
It further warned that treating civil disputes as criminal cases could weaken constitutional protections..
The association also noted that such practices could discourage open communication and public discourse.
The NBA said that the abuse of police powers in civil disputes could create a chilling effect on lawful expression and public discourse.
It called on security agencies to be cautious in the use of criminal procedures, especially where no recognised offence exists under Nigerian law.
The NBA also demanded the release of anyone detained solely over such publications where no criminal offence has been established.
Meanwhile, the group also commented on recent statements attributed to the Minister of the Federal Capital Territory, Nyesom Wike, over possible actions against a faction of the Peoples Democratic Party (PDP)
The council expressed concern over statements suggesting that party offices or bank accounts could be sealed in internal party disputes.
It maintained that such matters must follow due legal process and not be handled through unilateral executive action.
“NEC stated unequivocally that no public office holder possesses unilateral authority to seal private premises, organisations, or institutions except pursuant to lawful procedures, judicial authorisation, and clearly established statutory powers,” it said.
It warned that public statements suggesting otherwise could weaken democratic institutions and governance structures.
The association stressed that all public officials must operate strictly within constitutional limits and established legal procedures.
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