Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The National Executive Council (NEC) of the Nigerian Bar Association (NBA) has issued a sweeping condemnation of the growing practice of using criminal law enforcement mechanisms to resolve disputes that are fundamentally civil in nature, specifically targeting the recent arrests of individuals over social media publications concerning prominent businessman Tony Elumelu. The Council, which met on Thursday, May 7, 2026, in Awka, Anambra State, adopted a resolution expressing deep concern over the increasing tendency to deploy police powers in matters that ought properly to be addressed through civil remedies such as defamation proceedings. The NBA 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 resolution comes in the wake of the arrest of three individuals by the Nigeria Police Force over a viral social media publication that falsely claimed that the Chairman of the United Bank for Africa Group, Tony Elumelu, had divorced his wife. The three suspects, identified as Kingsley Akunemeihe, Chigozie Success Ihebom, and John Surpruchi Nwanorue, were taken into custody following a complaint by UBA Group, which described the publication as false, defamatory, and malicious. The bank subsequently issued a cease‑and‑desist notice and threatened legal action, including both civil and criminal proceedings. The arrests, which the police have not publicly justified under any specific criminal provision, have drawn widespread criticism from human rights lawyers and civil society organisations who argue that defamation, however hurtful, is not a criminal offence under Nigerian law except in narrowly defined circumstances.
The NBA NEC, in its resolution, clarified 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 resorting to arrest, detention, or criminal prosecution. The Council noted that the abuse of police powers in civil disputes risks creating a chilling effect on lawful expression and public discourse, a development that could have far‑reaching implications for media freedom, online commentary, and the right of citizens to criticise public figures and institutions. “NEC expressed concern over the growing tendency to deploy police powers in matters that ought properly to be resolved through civil legal processes,” the resolution read. The Council specifically referenced “recent reports involving the arrest of individuals over a viral social media publication concerning businessman Mr. Tony Elumelu.”
The NBA NEC not only condemned the trend but also took a firm stance on the immediate practical consequences. The Council 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. Furthermore, the NEC demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence has been disclosed. This demand directly applies to the three bloggers currently held in police custody. To date, the police have not charged the suspects with any specific criminal offence, and their continued detention has been based on what critics describe as an overreach of police powers.
The resolution is significant because it comes from the highest decision‑making body of the Nigerian Bar Association, which represents the country’s legal profession. The NEC meeting in Awka was attended by branch chairmen, national officers, and other senior lawyers from across the federation. By issuing this resolution, the NBA has signalled that the legal establishment is watching the use of police powers in defamation matters and will not remain silent when constitutional rights are threatened. The Association has previously taken up cases involving the arrest of citizens for online expression, but the NEC resolution elevates this concern to a matter of policy for the entire legal profession.
Legal experts have noted that defamation in Nigeria is primarily a civil wrong, remediable by claims for damages. While the Criminal Code and Penal Code contain provisions for criminal defamation, those provisions have been sporadically used and have been criticised as relics of colonial law that are inconsistent with the constitutional guarantee of freedom of expression. The NBA NEC’s position is that even where criminal defamation statutes exist, they should not be deployed as a first resort, especially in cases where the alleged defamation arises from a single social media post and the parties are private individuals or corporations. Resorting to arrest and detention, the Council argued, constitutes a disproportionate response that violates the principle of necessity in criminal justice.
The arrest of the three bloggers has attracted particular scrutiny because of the absence of any allegation of violence, threat, or fraud. The publication in question was a false rumour about a billionaire’s marriage. While such a rumour could undoubtedly cause distress and reputational harm, the appropriate legal remedy, according to the NBA and other legal authorities, is a civil suit for defamation. Indeed, UBA Group has already indicated its intention to pursue both civil and criminal claims. However, the criminal limb of that pursuit has been widely criticised as an abuse of process. The NBA NEC’s resolution adds significant weight to that criticism.
The Nigeria Police Force has not yet responded to the NBA NEC’s resolution. The Force Public Relations Officer did not return calls seeking comment. However, the police have previously defended the arrests, citing the need to investigate complaints and protect citizens from online defamation. It remains to be seen whether the police will act on the NBA’s demand for the release of the suspects. In the meantime, the three bloggers remain in detention, their fate now a test case for the limits of police power in defamation matters.
The NBA NEC also used the meeting to address other issues, including judicial reforms, legal aid, and the enforcement of court orders. However, the resolution on the misuse of criminal process in defamation matters has dominated headlines, partly because of the high profile of Tony Elumelu and partly because of the broader implications for free speech in Nigeria. As the NBA’s position gains traction, it may influence judicial decisions in ongoing cases and deter law enforcement agencies from similar arrests in the future. For now, the message from the NBA is clear: defamation is a civil matter, and the police should stay out of it unless a genuine criminal offence is disclosed. The three bloggers, and the legal community, are watching to see whether that message will be heard.
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