The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has condemned what it described as the growing misuse of criminal law processes in disputes that are essentially civil in nature, particularly cases involving defamation and reputational injury.

In a statement shared on X on Thursday following its meeting in Awka, the Anambra State capital, the association expressed concern over recent reports of arrests linked to a viral social media publication regarding businessman and chairperson of the United Bank for Africa (UBA) Tony Elumelu.

The council said it observed an increasing tendency to deploy police powers in matters that should ordinarily be resolved through civil legal procedures.

“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,” the statement said.

The NBA’s reaction follows reports that authorities arrested some individuals over viral social media claims alleging that Mr Elumelu had divorced his wife. The claims were denied by UBA Group⁠, which described the publication as false and defamatory while confirming that arrests had been made.

The association noted that while false or defamatory publications could attract legal consequences, civil remedies such as defamation suits remain the lawful and appropriate means of seeking redress.

“The Council emphasised 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,” it added.

According to the NBA, the criminalisation of civil disputes threatens constitutional rights, including personal liberty, freedom of expression and fair hearing.

The council further warned that the abuse of police powers in such matters could create a chilling effect on lawful public expression and discourage open discourse.

“NEC therefore called on law enforcement agencies to exercise restraint and ensure that criminal processes are not improperly invoked in matters that do not disclose recognised criminal offences under Nigerian law,” the statement said.

The association also demanded the immediate release of individuals arrested solely over such publications where no criminal offence has been established.

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“The Council also demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence has been disclosed,” it stated.

The NBA’s position comes amid growing concerns among lawyers and civil rights advocates over the increasing use of police powers in disputes involving online publications, reputational injury and alleged defamation, matters many legal experts argue are better addressed through civil litigation rather than arrest or detention.

The debate has also drawn attention to the use of provisions of the Cybercrimes (Prohibition, Prevention, etc.) Act in cases involving journalists, critics and social media users, with rights advocates repeatedly warning against what they describe as the criminalisation of free expression.

The NEC, the NBA’s highest decision-making body outside its annual general conference, said law enforcement agencies must ensure that constitutional safeguards are not undermined in the handling of such disputes.

NBA condemns criminalisation of defamation and civil disputes

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