The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has strongly condemned the increasing misuse of criminal law enforcement mechanisms in disputes that are fundamentally civil in nature, particularly those involving defamation and reputational injury.
NBA NEC Meeting in Awka
At its meeting held yesterday in Awka, the NBA NEC adopted a resolution expressing deep concern over the growing trend of resorting to arrest, detention, and criminal prosecution in matters that should ordinarily be resolved through civil legal processes.
Concerns Over Tony Elumelu Case
The Council specifically considered recent reports involving the arrest of individuals over a viral social media publication concerning businessman Tony Elumelu. It expressed concern over what it termed a disturbing trend of deploying police powers in disputes that do not disclose criminal offences.
NEC stressed that while false or defamatory publications may attract legal consequences, the law already provides adequate civil remedies through defamation suits. These allow aggrieved parties to seek redress without invoking the coercive powers of the state.
Threat to Constitutional Safeguards
According to the Council, the criminalisation of essentially civil disputes poses a threat to constitutional safeguards, including the rights to personal liberty, freedom of expression, and fair hearing. It warned that the abuse of police powers in such matters could create a chilling effect on lawful expression and public discourse, undermining democratic values.
Call for Restraint
The NBA NEC called on law enforcement agencies to exercise restraint and ensure that criminal processes are not improperly applied in cases that are purely civil in nature. It also demanded the immediate release of any individuals arrested solely in connection with such publications where no lawful criminal offence has been established.
