The Federal High Court in Lagos has stopped the National Broadcasting Commission (NBC) from \u201cusing its recently issued \u2018Formal Notice\u2019 to threaten, sanction or punish broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.\u201d<\/p>\n
Hon Justice Daniel Osiagor on Monday granted an order of interim injunction following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
\nThe case was argued on behalf of SERAP and NGE by their lawyer, Adeyinka Olumide-Fusika, SAN.
\nThe ruling follows a lawsuit filed by SERAP and NGE challenging what they described as \u201can arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts” , \u201cbullying or intimidating guests,\u201d or failing to maintain \u201cneutrality.\u201d
\nSERAP and NGE had, in the lawsuit, asked the court \u201cto determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian 1999 Constitution (as amended) and the country\u2019s international human rights obligations.\u201d
\nIn a joint statement on Monday, SERAP and NGE \u201cwelcome the landmark ruling, which granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigerian Broadcasting Code used to threaten broadcasters and presenters.\u201d
\nSERAP and NGE said: \u201cThis is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court\u2019s decision to restrain the NBC from enforcing these vague and overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits.\u201d
\nIn his ruling, Justice Osiagor ordered that the NBC, its officers, agents, or any affiliated persons be restrained from imposing sanctions, fines, or other penalties on broadcasting stations based on several contested provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the substantive suit.
\nThe case has been adjourned to June 1, 2026 for the hearing of the motion on Notice.
\nIn the lawsuit, SERAP and NGE are arguing that \u201cthe provisions relied upon by the NBC are inconsistent with Section 39 of the Nigerian Constitution 1999 (as amended), which guarantees the right to freedom of expression, including the right to receive and impart information and ideas without interference.\u201d
\nAccording to SERAP and NGE, \u201cthe right to freedom of expression includes not only factual reporting but also opinions, commentary, and analysis. Journalism without opinion is neither practical nor democratic.\u201d
\nThe lawsuit specifically challenges multiple provisions of the Broadcasting Code on the grounds that they are vague, overly broad, and fail to provide sufficient legal certainty.
\nAccording to SERAP and NGE, such provisions grant excessive discretion to regulators and risk transforming oversight into indirect censorship.
\nThe organisations further warned that the NBC\u2019s actions, if left unchecked, could have far-reaching consequences ahead of the 2027 general elections.
\nSERAP and NGE reiterated their commitment to pursuing the case to its conclusion and securing a final determination that strikes down the impugned provisions.
\n\u201cWe will continue to challenge any attempt to weaponize regulation to suppress dissent or control the media. Protecting freedom of expression and media independence is central to advancing transparency, accountability, and human rights in Nigeria,\u201d they said.
\nThe organisations called on the NBC to immediately comply with the court\u2019s order and to review its regulatory framework to ensure alignment with constitutional guarantees and international human rights standards.
\nThey also urged Nigerian authorities to foster an enabling environment for journalists and media organisations to operate freely without fear of intimidation, censorship, or reprisals.
\nSERAP and NGE said: \u201cThis ruling sends a clear message: freedom of expression is not a privilege to be granted or withdrawn by regulators\u2014it is a fundamental right that must be respected, protected, and upheld at all times.\u201d
\nThe lawsuit, with number FHC\/L\/CS\/854\/2026 read in part: \u201cAny blanket prohibition on the expression of \u2018personal opinions\u2019 by presenters amounts to censorship and is incompatible with constitutional and international standards.
\n\u201cNigeria\u2019s obligations under international human rights law reinforce these protections, including Article 9 of the African Charter on Human and Peoples\u2019 Rights and Article 19 of the International Covenant on Civil and Political Rights, both of which guarantee the right to freedom of expression.
\n\u201cThe NBC\u2019s reliance on vague and subjective standards such as \u2018professionalism,\u2019 \u2018bullying,\u2019 or \u2018neutrality\u2019 creates a dangerous framework for arbitrary enforcement. Laws regulating expression must be clear, precise, necessary, and proportionate. Anything less opens the door to abuse and undermines democratic accountability.
\n\u201cThe court\u2019s intervention at this stage is crucial in preventing irreparable harm. Without this injunction, broadcasters would face immediate threats of sanctions simply for performing their constitutional role as watchdogs and platforms for public debate.
\n\u201cA free, independent, and vibrant media is essential to credible elections. Any attempt to silence critical voices or restrict open debate undermines the public\u2019s right to information and weakens democratic governance.
\n\u201cThe rule of law requires that all public authorities act within the bounds of the Constitution. Subsidiary legislation like the Broadcasting Code cannot override fundamental rights. The court\u2019s decision reinforces the supremacy of the Constitution and the duty of institutions to respect it.\u201d<\/p>\n
Kolawole Oluwadare
\nSERAP Deputy Director<\/p>\n
Onuoha Ukeh
\nGeneral Secretary, NGE<\/p>\n
6\/05\/2026<\/p>\n","protected":false},"excerpt":{"rendered":"
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