NBA tackles police over criminalisation of defamation

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

The NBA NEC adopted the resolution during its meeting held on Thursday in Awka, Anambra State.

The council expressed concern over recent reports involving the arrest of individuals over a viral social media publication concerning businessman Tony Elumelu.

According to the NBA, there is a growing tendency to deploy police powers in matters that ought to be resolved through civil legal processes.

The council stated that while false and defamatory publications could attract legal consequences, civil remedies such as defamation suits remained lawful and adequate channels for redress without resorting to arrest, detention, or criminal prosecution.

“The criminalisation of essentially civil disputes undermines constitutional safeguards, including the rights to personal liberty, freedom of expression, and fair hearing,” the NBA NEC said in the resolution.

The council further warned that the abuse of police powers in civil disputes could create a chilling effect on lawful expression and public discourse.

It 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 NBA NEC also demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence had been established.

Reacting to the NBA’s position, activist and publisher Omoyele Sowore criticised the Nigeria Police Force, accusing it of serving the interests of influential individuals.

“Even though the @NigBarAssoc often comes late and can be too timid on human rights issues, it is still better than silence,” Sowore wrote on his X handle, @sowore.

He added, “The @PoliceNG, in particular, has abandoned its constitutional duty to protect Nigerians and instead operates like a mercenary force for the rich and well-connected oppressors in our country.

“We will continue to resist the criminalisation of free speech. Billionaire content creator @TonyOElumelu and @PoliceNG are to take note, do the needful and act appropriately, the @NigBarAssoc has spoken!”

The association maintained that the protection of constitutional rights and adherence to due process remained essential to the administration of justice and the rule of law in the country.