The Nigerian Bar Association's National Executive Council (NEC) has condemned the arrest of individuals over a viral social media post concerning businessman Tony Elumelu. Following its meeting in Awka on Thursday, the NEC expressed concern over the use of police powers in what it described as civil disputes, particularly those involving defamation. The council reacted to reports of arrests linked to a publication claiming Elumelu had divorced his wife, a claim UBA Group denied, calling it false and defamatory. The NBA stated that while defamatory publications may have legal consequences, civil remedies like defamation suits are the proper avenue for redress. It emphasized that such matters should not lead to arrest, detention or criminal prosecution. The council said the criminalisation of civil disputes undermines constitutional rights, including freedom of expression, personal liberty and fair hearing. It warned that misuse of police powers could create a chilling effect on public discourse. The NEC called on law enforcement agencies to refrain from invoking criminal processes where no recognised criminal offence exists. It also demanded the immediate release of anyone arrested solely over such publications if no criminal offence has been established. The association stressed that constitutional safeguards must be upheld in handling disputes over online content. The NEC is the NBA's highest decision-making body outside its annual general conference.
The NBA is calling for the release of people arrested over a social media post about Tony Elumelu, even as UBA confirms arrests were made over what it called a defamatory claim. If the matter is purely civil, as the NBA insists, then the arrests supported by UBA contradict that legal position. This puts individuals in a bind — facing criminal consequences in practice while being told the issue should be handled civilly. The situation exposes a gap between how powerful interests respond to reputational claims and the legal principles the bar association upholds.
Editorial note: AI-assisted opinion. All persons mentioned are presumed innocent until proven guilty. Full disclaimer →
