Key points
- NBA NEC has criticised the growing use of police powers in disputes considered civil in nature.
- The Council expressed concern over reported arrests linked to a viral social media publication involving businessman Tony Elumelu.
- NBA warned that criminalising defamation-related disputes threatens constitutional rights and freedom of expression.
Main story
The National Executive Council (NEC) of the Nigerian Bar Association has condemned the increasing use of criminal law enforcement mechanisms in disputes fundamentally civil in nature, particularly cases involving defamation and reputational injury.
The resolution was adopted during the Council’s meeting held on Thursday, May 7, 2026, in Awka.
NEC said it was deeply concerned by recent reports involving the arrest of individuals over a viral social media publication concerning Nigerian businessman Tony Elumelu, describing the development as part of a growing trend in which police powers are being deployed in matters better suited for civil litigation.
According to the Council, while false or defamatory publications may attract legal consequences, established civil remedies such as defamation suits remain lawful and adequate channels for seeking redress without resorting to arrest, detention, or criminal prosecution.
The Council stressed that the criminalisation of disputes essentially civil in character undermines constitutional safeguards, including the rights to personal liberty, fair hearing, and freedom of expression.
NBA NEC further warned that the misuse of police authority in civil matters could create a chilling effect on lawful public discourse and democratic expression.
The issues
The NBA’s position highlights growing concerns over the increasing intersection between law enforcement and civil disputes in Nigeria.
Legal experts have repeatedly argued that the involvement of police in defamation and contractual disagreements contributes to abuse of power, arbitrary detention, and suppression of dissenting opinions.
The Council noted that the misuse of criminal processes in such matters weakens public confidence in the justice system and risks violating constitutionally guaranteed rights.
What’s being said
The Council called on law enforcement agencies across the country to exercise restraint and ensure that criminal procedures are not improperly applied in matters that do not constitute recognised criminal offences under Nigerian law.
NBA NEC also demanded the immediate release of any individual arrested solely in connection with publications where no lawful criminal offence has been established.
According to the Council, civil disputes should be resolved through established judicial processes rather than coercive criminal enforcement measures.
What’s next
The NBA is expected to continue engaging relevant authorities and stakeholders on the need to protect constitutional rights and uphold the rule of law in the handling of civil disputes.
Observers believe the resolution may further intensify national conversations around police reform, freedom of expression, and the boundaries between civil liability and criminal responsibility in Nigeria.
Legal practitioners are also expected to monitor future cases involving arrests linked to defamation and online publications.
Bottom line
The Nigerian Bar Association has drawn a firm line against the growing use of criminal prosecution in civil and defamation-related disputes, warning that such practices threaten constitutional freedoms, weaken public trust in the justice system, and undermine democratic expression in Nigeria.
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