The National Executive Council (NEC) of the Nigerian Bar Association has strongly condemned the growing misuse of criminal law and police powers in handling disputes that are fundamentally civil in nature, especially matters involving defamation and reputational damage.
At its NEC meeting held on Thursday, May 7, 2026, in Awka, the association expressed serious concern over recent reports involving the arrest of individuals linked to a viral social media publication concerning businessman Tony Elumelu.
The NBA stated that while false or defamatory publications may attract legal consequences, such matters should ordinarily be resolved through civil legal procedures rather than arrests, detention, or criminal prosecution.
According to the Council, civil remedies including defamation suits already provide lawful and adequate channels for seeking redress without involving criminal law enforcement mechanisms.
The association warned that the increasing criminalisation of civil disputes poses a direct threat to constitutional rights, including freedom of expression, personal liberty, and fair hearing.
NEC further noted that the misuse of police authority in civil-related matters could create a dangerous chilling effect on lawful public discourse and free expression in Nigeria.
The legal body therefore urged law enforcement agencies across the country to exercise restraint and avoid invoking criminal processes in situations where no recognised criminal offence exists under Nigerian law.
The Council also demanded the immediate release of any individual arrested solely over such publications where no lawful criminal offence has been established.
The resolution adds to growing concerns among legal practitioners and civil society groups over the alleged abuse of state power in matters involving criticism, online publications, and reputational disputes.