Bar Association Raises Alarm Over Misuse Of Criminal Law In Social Media Defamation Matters
Rising Tension Over Arrests Linked to Online Speech
THE Nigerian Bar Association (NBA) has expressed concern over what it calls a growing pattern of arresting individuals over social media publications that should ordinarily fall under civil law.
Meeting in Awka, Anambra State, the NBA’s National Executive Council warned that the trend poses a threat to constitutional freedoms, particularly freedom of expression and personal liberty.
The Council said the increasing reliance on police intervention in reputational disputes risks eroding trust in the justice system.
Defamation Cases and the Criminal Law Debate
The controversy follows recent arrests connected to a viral online publication involving businessman Tony Elumelu.
While acknowledging that false and damaging statements can have legal consequences, the NBA stressed that Nigerian law provides civil remedies for defamation, not criminal detention.
It argued that civil courts are the proper venue for resolving such disputes, ensuring due process without violating fundamental rights.
Warning Against Abuse of Police Authority
The Council cautioned that involving law enforcement in civil disputes creates room for abuse of power.
It said criminalising reputational issues could discourage citizens from participating in legitimate public discourse, especially online.
The NBA urged police authorities to avoid acting on complaints that do not clearly disclose criminal offences under Nigerian law.
Call for Immediate Release and Legal Reforms
The NEC demanded the immediate release of individuals detained solely in relation to such publications where no criminal offence has been established.
It also called for stronger adherence to constitutional safeguards and clearer separation between civil and criminal enforcement processes.
According to the Council, protecting free expression while maintaining lawful accountability is essential for a functioning democracy.
