RULAAC Lauds NBA NEC for Condemning Misuse of Criminal Process in Civil and Defamation Matters

RULAAC Lauds NBA NEC for Condemning Misuse of Criminal Process in Civil and Defamation Matters

The Rule of Law and Accountability Advocacy Centre (RULAAC) strongly commends the National Executive Council (NEC) of the Nigerian Bar Association (NBA) for its principled and timely resolution condemning the growing misuse of criminal law enforcement mechanisms in matters that are fundamentally civil in nature, particularly disputes relating to defamation and reputational injury.

RULAAC which aligns with the position adopted by the NBA NEC at its meeting held on 7 May 2026 in Awka, Anambra State, especially its concerns over the increasing deployment of police powers to arrest, detain, intimidate, and prosecute individuals in cases that ought to be addressed through lawful civil remedies.

In a statement signed by Okechukwu Nwanguma the Executive Director of RULAAC, said a reported arrests linked to a viral social media publication concerning businessman Tony Elumelu once again highlight a troubling pattern in which influential individuals weaponize law enforcement agencies to suppress criticism, punish dissent, or settle personal grievances outside the boundaries of the law.

Nwanguma said that RULAAC has consistently maintained that the Nigeria Police Force and other law enforcement agencies should not be converted into debt recovery agents, tools for enforcing private interests, or instruments for the criminalization of speech and civil disputes. Defamation, except in the narrowest circumstances recognized by law, is primarily a civil matter for which the law already provides adequate remedies, including civil litigation and claims for damages.

The statement which read in parts said that "The misuse of criminal processes in such cases not only violates constitutional guarantees of personal liberty, freedom of expression, dignity, and fair hearing, but also contributes to the erosion of public confidence in law enforcement institutions. It diverts scarce policing resources away from genuine crimes and fuels impunity, selective justice, and abuse of power.

"RULAAC is particularly concerned about the growing trend of arbitrary arrests based on petitions that merely allege reputational harm without disclosing any recognizable criminal offence. Such actions often result in unlawful detention, intimidation, extortion, and coercion, contrary to the provisions of the Constitution, the Administration of Criminal Justice Act (ACJA), and judicial precedents that have repeatedly warned against the abuse of criminal justice processes for civil purposes.

"We therefore join the NBA in calling on the Nigeria Police Force and all other law enforcement agencies to exercise professionalism, restraint, and fidelity to the rule of law. Law enforcement institutions must resist pressure from powerful individuals seeking to use state coercive powers to settle private scores or silence critics.

"RULAAC also supports the NBA’s demand for the immediate release of any person arrested solely in connection with publications where no lawful criminal offence has been disclosed.

"At a time when democratic freedoms are increasingly under pressure, it is imperative that institutions charged with enforcing the law act within constitutional limits and uphold citizens’ rights rather than undermine them.

"The NBA’s intervention is courageous, necessary, and consistent with the defense of constitutional democracy and the rule of law in Nigeria. RULAAC stands in solidarity with the NBA and all stakeholders committed to ending the abuse of criminal justice processes in Nigeria". Nwanguma added