The Nigerian Bar Association has called out the police for criminalising defamation, a civil matter that should be resolved through the courts, not criminal charges.
Defamation occurs when someone damages another person's reputation through false statements. In civil law, the injured party sues for compensation. But Nigerian police have been arresting and charging people with criminal defamation, which the NBA says is a misuse of power and an abuse of the law.
The bar association's position is clear: police have strayed beyond their mandate. When someone claims their reputation has been damaged, that disagreement belongs in civil court where a judge can award damages if the claim is proven. Police involvement turns a private dispute into a criminal matter, which can mean arrest, detention, and prosecution.
This practice affects ordinary Nigerians who express opinions, make accusations, or share information that others find offensive. Instead of being sued civilly, they face criminal charges. The NBA argues this chills free speech and gives police too much power to criminalise behaviour that should be handled differently.
The association's intervention marks a broader frustration among legal professionals about how Nigerian law enforcement treats civil disputes. Police resources meant for serious crimes—armed robbery, murder, kidnapping—get diverted to defamation complaints. The NBA wants this reversed.
The position also reflects international legal standards. In most democracies, defamation is primarily a civil matter. Criminal defamation laws exist in some countries but are used sparingly and narrowly. Nigeria's pattern of criminalisation goes further.
The NBA has not announced specific next steps, but such public condemnations typically precede formal advocacy. The association may petition the Inspector General of Police, file a case before the courts, or push for legislative change to clarify that defamation is civil, not criminal. Legal observers expect the NBA to mobilise its membership around this issue.
