Nigerian Bar Association has raised alarm over what it describes as the increasing misuse of criminal law in matters that should ordinarily remain within the realm of civil litigation, warning that the trend threatens constitutional freedoms and undermines the justice system. Following its National Executive Council meeting in Awka, Anambra State, NBA expressed concern over the growing practice of using police powers to settle disputes involving defamation, reputational injury and social media publications.
The association’s reaction comes amid reports that some individuals were arrested over viral social media claims alleging that businessman and United Bank for Africa chairman, Tony Elumelu, had divorced his wife. UBA Group had denied the reports, describing the publication as false and defamatory while confirming that arrests had been made in connection with the incident.
In a statement released after the meeting, NBA said it had observed a disturbing pattern in which law enforcement agencies were increasingly being drawn into disputes that should be resolved through civil legal procedures rather than criminal prosecution. According to the association, while defamatory publications may expose individuals to legal consequences, the proper remedy under the law remains civil defamation proceedings and not arrest, detention or criminal charges.
NBA stressed that the criminalisation of civil disputes poses a direct threat to fundamental constitutional rights, including freedom of expression, personal liberty and fair hearing. It warned that the use of police powers in such cases could create a chilling effect on lawful public discourse and discourage citizens from expressing opinions or engaging in open conversations online.
The association further called on law enforcement agencies to exercise restraint and ensure that criminal procedures are not improperly invoked in matters that do not constitute recognised criminal offences under Nigerian law. It also demanded the immediate release of individuals arrested solely in connection with publications where no lawful criminal offence has been established.
The debate has intensified in recent years over the growing use of the Cybercrimes Act against journalists, critics and social media users accused of spreading false information or damaging reputations online. Civil rights advocates and legal experts have repeatedly argued that many of these disputes are better handled through civil litigation rather than criminal prosecution, warning that continued abuse of such laws could weaken democratic freedoms and public trust in law enforcement institutions.
The NBA’s warning comes amid growing controversy over the use of police powers and cybercrime laws in disputes involving online publications and alleged defamation. Recall that in May 2024, investigative journalist Daniel Ojukwu of the Foundation for Investigative Journalism was detained by police over a report linked to alleged financial misconduct involving a government official, triggering widespread criticism from media and civil rights groups. Also In August 2022, human rights activist and former presidential candidate Omoyele Sowore faced renewed police scrutiny over comments made online, while several bloggers across different states were arrested under cybercrime-related allegations tied to defamation and “false publication.” Legal experts and rights advocates argue that such disputes are increasingly being criminalised through the use of police powers and provisions of the Cybercrimes Act, even though defamation and reputational injury are traditionally civil matters meant for the courts rather than arrest and detention. Newsscroll.
