The Nigerian Bar Association (NBA), Enugu Branch, and civil society organisation Spaces for Change have called for stronger safeguards against the alleged misuse of criminal proceedings to intimidate critics, activists and other civic actors.
The organisation raised the concerns during a two-day high-level training programme for judges, judicial officers and state prosecutors in Enugu, where participants examined the relationship between criminal justice, fundamental rights and the protection of civic space.
Representing the NBA Enugu Branch Chairman, the branch’s Vice-Chairman, Perpetual Chime-Okpara, said a crisis should not be used to justify arbitrary restrictions on constitutional rights. She stressed that freedom of expression, peaceful assembly and association are protected rights.
She urged judicial officers to remain impartial and called on prosecutors to resist the use of criminal proceedings against individuals because of their perceived political or civic positions.
Report Records Increase in Judicially Enabled Repression
Spaces for Change Executive Director, Victoria Ibezim-Ohaeri, presented findings indicating a sharp rise in incidents the organisation categorised as “judicially enabled repression” across West Africa.
According to the figures presented, recorded incidents increased from nine between 2017 and 2022 to 70 between 2022 and 2024, representing an increase of nearly 700 per cent.
The report identified several practices that it said could be used to restrict civic participation, including allegedly vague or politically motivated criminal charges, prolonged pre-trial detention and legal proceedings that place pressure on activists and whistle-blowers.
It cited the cases of whistle-blower Nnamdi Emeh, whom the group said spent more than 18 months in detention despite being granted bail, and activist Emmanuel Acha, who was reportedly detained for more than 200 days in Ebonyi State.
The report also raised concerns about court orders and criminal charges in disputes involving protests and organised labour. The claims and examples were presented as findings of the organisation’s report and do not, by themselves, constitute judicial determinations of unlawful conduct in each case.
Call for Anti-SLAPP Legislation
The NBA Enugu Branch and Spaces for Change called for judicial reforms, independent oversight and legislation against strategic lawsuits against public participation, commonly known as SLAPPs.
Such lawsuits are generally understood as legal actions that may be used to burden or silence people speaking on matters of public interest.
They also advocated sustained engagement with judicial officers, increased investment in digital security for activists and the inclusion of civil society organisations in counterterrorism policymaking.
They called for national security and public-order measures to be implemented alongside constitutional protections, with judicial officers and prosecutors maintaining their respective obligations under the law.
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