The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have instituted a lawsuit against the National Broadcasting Commission (NBC), challenging what they described as “an unconstitutional attempt to gag broadcasters” through threats of sanctions over the expression of personal opinions on air.
The suit, filed at the Federal High Court, Lagos Judicial Division, is contesting the legality of sections of the 6th Edition of the Nigeria Broadcasting Code, which the NBC recently relied upon to issue a “Formal Notice” warning broadcast stations and presenters against expressing opinions as facts, allegedly bullying guests, or failing to maintain neutrality.
In the suit marked FHC/L/CS/854/2026, the plaintiffs are asking the court to determine whether the provisions invoked by the NBC are inconsistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
SERAP and NGE argue that the disputed provisions are “vague, overbroad and unconstitutional,” insisting they amount to a fundamental breach of the rights to freedom of expression, media freedom, and access to information.
They are also seeking an interim injunction restraining the NBC, its agents, or any other authority from imposing sanctions on broadcast stations and journalists based on the contested provisions, pending determination of the substantive suit.
Human rights lawyer, Mr Femi Falana (SAN), is leading the legal team representing both organisations in the case.
In supporting affidavits and originating processes before the court, SERAP and NGE contended that journalism necessarily includes opinion, analysis, and commentary, which they said are constitutionally protected forms of expression.
They argued that provisions prohibiting presenters from expressing “personal opinions as facts” amount to prior restraint and could lead to arbitrary enforcement due to the absence of clear definitions distinguishing fact from opinion.
“Value judgments are not susceptible to proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary,” part of the court filings stated.
The groups further maintained that the NBC’s reliance on the Broadcasting Code to classify alleged infractions as “Class B breaches” punishable with sanctions creates a chilling effect that could push media practitioners into self-censorship.
According to them, “The threat of sanctions for broadly defined conduct undermines constitutional guarantees and international human rights standards.”
The plaintiffs also faulted sections of the code prohibiting what the regulator described as “bullying” or “intimidation” of guests, arguing that such terms are not clearly defined and could be misused to suppress hard-hitting journalism.
They insisted that investigative questioning and critical commentary could wrongly fall under such classifications, thereby weakening the media’s watchdog role.
SERAP and NGE also challenged provisions requiring broadcasters to always present opposing views, describing it as “compelled speech” that infringes on editorial independence.
They maintained that while regulatory oversight is legitimate, it must meet the constitutional tests of legality, necessity, and proportionality.
The suit further warned that the NBC directive, if left unchecked, could have far-reaching implications for Nigeria’s democratic process ahead of the 2027 general elections.
According to the plaintiffs, restrictive interpretation of the Broadcasting Code could limit public access to diverse viewpoints and weaken scrutiny of political actors.
“Ahead of the 2027 elections, such measures risk encouraging self-censorship and undermining the media’s role in ensuring credible and transparent polls,” they argued.
Among other reliefs, SERAP and NGE are asking the court to:
Declare several sections of the Broadcasting Code null and void for being vague and unconstitutional
