NBA condemns criminalisation of civil disputes, cites Tony Elumelu case

The National Executive Council of the Nigerian Bar Association has strongly condemned the growing trend of misusing criminal law processes to settle disputes that are clearly civil in nature, especially those involving defamation and reputational injury.

The resolution was adopted during the council’s meeting held on Thursday in Awka, Anambra State.

The NBA expressed concern over recent incidents in which individuals were arrested over a viral social media publication concerning businessman Tony Elumelu. The council noted that there is an increasing tendency to invoke police powers in matters that should rightly be resolved through civil legal channels.

While acknowledging that false and defamatory statements can attract legal consequences, the NBA maintained that civil remedies such as defamation suits remain lawful and adequate means of 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 council stated in its resolution.

The NBA further warned that such abuse of police powers could have a chilling effect on lawful expression and public discourse. It 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 association also demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence has 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 powerful individuals.

On his X handle, Sowore said the police had abandoned their constitutional duty to protect Nigerians and now operate like a mercenary force for the rich and well-connected.

He added that despite the NBA sometimes being late or too timid on human rights issues, its position was still better than silence. Sowore called on Elumelu and the police to take note and act appropriately.

The NBA reiterated that the protection of constitutional rights and adherence to due process remain essential to the administration of justice and the rule of law in the country.