*Condemns Misuse Of Criminal Process, Creates Akoko, Bida Branches
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The National Executive Council, NEC, of the Nigerian Bar Association, NBA, has condemned the recent xenophobic attacks against Nigerians and other foreign nationals in South Africa, describing the violence as a grave violation of fundamental human rights and an affront to human dignity, African unity and mutual respect among nations.
The resolution was adopted at the NBA NEC meeting held on Thursday, May 7, 2026, in Awka, Anambra State.
NEC expressed serious concern over reports of harassment, violence, destruction of businesses and threats to the lives and livelihoods of Nigerians living in South Africa.
The Council stated that targeting individuals on the basis of nationality is unacceptable and must not be tolerated in any society governed by the rule of law.
It called on the Government of South Africa to take urgent and concrete steps to end xenophobic attacks, protect all persons within its jurisdiction and ensure that perpetrators are held accountable.
NEC also urged the Nigerian Government to take proactive diplomatic and consular measures to safeguard the rights, safety and welfare of Nigerians residing in South Africa.
The Council further resolved that a formal letter be transmitted to the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, calling on the Federal Government to immediately take concrete diplomatic and humanitarian steps to ensure the safety and protection of affected Nigerians and, where necessary, their safe evacuation and return.
NEC stressed that no Nigerian citizen living abroad should be abandoned in the face of violence, intimidation or targeted attacks, adding that the protection of citizens remains a fundamental responsibility of every government.
The Council also emphasised the need for African countries to remain committed to peaceful coexistence, mutual respect and the protection of all persons, regardless of nationality.
At the same meeting, NBA NEC condemned what it described as the increasing misuse of criminal law enforcement mechanisms in disputes that are fundamentally civil in nature, particularly matters relating to defamation and reputational injury.
NEC considered recent reports involving the arrest of individuals over a viral social media publication concerning businessman Mr. Tony Elumelu and expressed concern over the growing tendency to deploy police powers in matters that should ordinarily be resolved through civil legal processes.
The Council stated that while false and defamatory publications may attract legal consequences, civil remedies such as defamation proceedings provide lawful and adequate avenues for redress without resorting to arrest, detention or criminal prosecution.
NEC warned that criminalising essentially civil disputes undermines constitutional safeguards, including the rights to personal liberty, freedom of expression and fair hearing.
It further noted that the abuse of police powers in civil disputes risks creating a chilling effect on lawful expression and public discourse.
The Council therefore 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.
NEC also demanded the immediate release of any person arrested solely in connection with such publications where no lawful criminal offence has been disclosed.
In another resolution, NBA NEC approved the constitution of the NBA Sections’ Election Appeals Committee as part of efforts to strengthen internal governance, transparency and institutional accountability within the Association.
NEC said the Committee would provide a structured internal appellate mechanism for reviewing disputes and complaints arising from elections and activities within the various Sections of the NBA.
The Council noted that the Committee is intended to promote fairness, transparency, accountability and credibility in the administration of Sectional elections.
The approved members of the Committee are Chief Babatunde Ogala, SAN, as Chairman; Luka Haruna, SAN, as Alternate Chairman; C.N.N. Nwagbara; Aisha Ado Abdullahi, as Secretary; Dr. Egondu Ikeatu; Onimisi F. Umar; A. Tijani Aboki; Chinelo Okongwu; Dr. Hilda Ihekaire; Nana Ganki; and Samira Attah.
NEC expressed confidence in the integrity, experience and competence of the members and charged them to discharge their duties with fairness, independence and fidelity to the NBA Constitution.
The Council also approved the creation of two new NBA branches, Akoko Branch in Ondo State and Bida Branch in Niger State, as part of efforts to deepen inclusiveness, improve grassroots participation and strengthen the Association’s institutional presence across the country.
NEC said the applications for the new branches were informed by increasing membership strength, geographical considerations and the need to decentralise administrative structures for more effective coordination of Bar activities.
The Akoko Branch was created from the existing Ikare-Akoko Branch and will comprise the Oka Judicial Division. NEC also approved consequential reorganisation and renaming arrangements arising from the restructuring.
The Bida Branch was created from the existing Minna Branch and will comprise the Bida, Lapai, Kutigi and Mokwa Judicial Divisions.
NEC observed that the creation of the new branches would enhance accessibility, encourage greater participation of members in NBA activities, strengthen professional engagement at the grassroots level and improve institutional administration in the affected regions.
The Council added that the expansion of the NBA branch structure reflects the continued growth, vibrancy and national spread of the Association.
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