Legal Experts Raise Concern Over Police Use Of ‘Conduct Likely To Cause Breach Of Public Peace’ Charges Against Critics

The offence is provided under various State Criminal Codes and the Penal Code. It is typically used to address public disturbances, fighting, or disorderly behaviour that could lead to violence. However, critics say it is now being applied in cases that involve criticism of government, peaceful protests, and online commentary.

Human rights organizations argue that the language of the law is broad and subjective. This, they say, makes it easy to use against people whose actions do not pose any real threat to public order.

In several documented cases between 2023 and 2025, individuals arrested for posting videos, sharing opinions online, or participating in protests were charged with conduct likely to cause breach of public peace. Many spent days in detention before being granted bail. Some cases are still pending in court.

The Nigerian Bar Association and the Civil Liberties Organization have called for clearer guidelines on how the charge is applied. They say Police should focus on real threats to public safety, not on dissent or expression protected by the constitution.

“Freedom of expression is guaranteed under Section 39 of the 1999 Constitution,” a human rights lawyer in Abuja said. “When that right is charged as a public order offence, it creates a chilling effect”.

Police authorities have in some instances defended the arrests, stating that they act to prevent situations from escalating. However, legal experts say the proper approach is investigation, not immediate criminal charges, especially when no violence has occurred.

Advocates are urging State Governments and the National Assembly to review the provision to prevent misuse. They also recommend training for law enforcement on human rights standards and alternatives such as warnings, mediation, or civil remedies.

The goal, they say, is to maintain public peace without criminalizing criticism, protest, or journalism.