NBA NEC CONDEMNS MISUSE OF CRIMINAL PROCESS IN CIVIL AND DEFAMATION MATTERS The National Executive Council (NEC) of the Nigerian Bar Association (NBA), at its meeting held on Thursday, 7 May 2026 in Awka, Anambra State, adopted a resolution condemning the increasing misuse of criminal law enforcement mechanisms in disputes fundamentally civil in nature, particularly matters relating to defamation and reputational injury. 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 Council emphasized 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. NEC warned that the criminalisation of essentially civil disputes undermines constitutional safeguards, including the rights to personal liberty, freedom of expression, and fair hearing. The Council further noted that the abuse of police powers in civil disputes risks creating a chilling effect on lawful expression and public 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 Council also demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence has been disclosed.

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