The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from using its recently issued “Formal Notice” to threaten, sanction, or penalise broadcast stations and presenters over allegations such as expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
Justice Daniel Osiagor granted the interim injunction on Monday following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
The application was argued by SERAP and NGE’s counsel, Adeyinka Olumide-Fusika, SAN.
The suit challenges what the applicants described as an arbitrary and unlawful attempt by the NBC to sanction broadcasters for expressing opinions, allegedly intimidating guests, or breaching neutrality standards.
They asked the court to determine whether provisions of the Nigeria Broadcasting Code relied upon by the NBC are inconsistent with Section 39 of the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
In his ruling, Justice Osiagor ordered that the NBC, its officers, agents, and any persons acting on its behalf be restrained from imposing sanctions, fines, or penalties on broadcast stations under several contested provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the determination of the substantive case.
The matter has been adjourned to June 1, 2026, for hearing of the motion on notice.
In a joint statement, SERAP and NGE welcomed the ruling, describing it as a major victory for press freedom and the rule of law.
The statement was signed by SERAP Deputy Director, Kolawole Oluwadare, and the General Secretary of NGE, Onuoha Ukeh.
They said, “This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s 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.”
SERAP and NGE argued that Section 39 of the Constitution guarantees freedom of expression, including the right to receive and impart information and ideas without interference.
They maintained that journalism naturally includes opinion, commentary, and analysis, adding that “journalism without opinion is neither practical nor democratic.”
The organisations further challenged multiple provisions of the Broadcasting Code, arguing that they are vague, overly broad, and allow excessive regulatory discretion that could lead to indirect censorship.
They warned that if unchecked, the NBC’s actions could have serious implications for press freedom ahead of the 2027 general elections.
SERAP and NGE said they would continue to pursue the case to its conclusion, seeking a final ruling striking down the contested provisions.
They also urged the NBC to comply with the court order and align its regulatory framework with constitutional guarantees and international human rights standards.
According to them, “Freedom of expression is not a privilege to be granted or withdrawn by regulators—it is a fundamental right that must be respected, protected, and upheld at all times.”
They also argued in court filings that vague terms such as “professionalism,” “bullying,” and “neutrality” create room for arbitrary enforcement and undermine democratic accountability.
The groups stressed that the Constitution remains supreme, adding that subsidiary legislation like the Broadcasting Code cannot override fundamental rights.
Titilope Adako is a talented and intrepid journalist, dedicated to shedding light on the untold stories of Osun State and Nigeria. Through incisive reporting, she tackles a broad spectrum of topics, from politics and social justice to culture and entertainment, with a commitment to accuracy, empathy, and inspiring positive change.
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