Dare Babalola
The Socio-Economic Rights and Accountability Project (SERAP) has called on Bola Ahmed Tinubu to urgently order the withdrawal of what it described as an unlawful directive issued by the National Broadcasting Commission (NBC) against broadcasters across the country.
In a statement shared on Sunday, SERAP urged the president to instruct the Minister of Information and National Orientation, Mohammed Idris Malagi, alongside the NBC, to “immediately withdraw the unlawful ‘Formal Notice’ issued last week,” warning that the directive threatens sanctions against broadcast stations and presenters on “vague and unjustified grounds.”
The organisation criticised the notice for targeting issues such as the expression of “personal opinions,” alleged “bullying or intimidation” of guests, and failure to “maintain neutrality,” arguing that such provisions could be used to stifle legitimate journalism.
SERAP further called on the government to halt any form of prior censorship on media organisations and journalists, insisting that broadcasters should be allowed to freely carry out their constitutional duties and exercise their fundamental rights.
The demand follows a notice issued by the NBC on April 17, 2026, in which the regulator cited a rise in breaches of the Nigeria Broadcasting Code in news and political programming, warning that it would begin strict enforcement and impose sanctions for so-called “Class B breaches.”
In a letter dated April 18, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP described the NBC’s action as “a dangerous attempt to impose prior censorship on the media and suppress legitimate journalistic expression.”
“The Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds. Journalistic opinion is protected expression,” the group stated.
It emphasised that value judgments, commentary, and analysis are core components of journalism and are not subject to proof, adding that they deserve heightened protection under the law.
SERAP warned that the provisions cited by the NBC—particularly Section 1.10.3 of the Broadcasting Code, which restricts presenters from expressing opinions—amount to unlawful prior restraint and fail to meet the legal standards of necessity, legality, and proportionality required in a democratic society.
Citing Section 39 of the Nigerian Constitution, as well as Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, the organisation stressed that the right to freedom of expression includes the freedom to receive and impart ideas without interference.
“A blanket prohibition on the expression of personal opinions by anchors and presenters amounts to an impermissible restriction of this right,” SERAP said, adding that journalists are professionally entitled to engage in commentary and analysis.
The group also faulted the NBC’s justification that there is a “crisis of professionalism” among broadcasters, describing it as vague and insufficient under both domestic and international legal standards.
“Restrictions must pursue a legitimate aim and be necessary and proportionate. Vague and unsubstantiated claims of declining professionalism do not meet this threshold,” it argued.
SERAP expressed concern that the NBC’s reliance on broadly defined and subjective provisions of the Broadcasting Code could lead to arbitrary enforcement, noting that terms such as “bullying” and “intimidation” are not clearly defined and could be used to suppress critical or investigative questioning.
It warned that the threat of sanctions, including fines and suspension, could create a chilling effect on journalists and media organisations, ultimately weakening democratic discourse and accountability.
“Ahead of the 2027 general elections, the NBC’s notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate,” the organisation stated.
SERAP added that such regulatory measures risk encouraging self-censorship, limiting scrutiny of political actors, and undermining the media’s role in ensuring transparent and credible elections.
The organisation also raised concerns about due process, noting that sanctions based on vague provisions without adequate safeguards could violate the right to fair hearing.
It gave the federal government a 48-hour ultimatum to act on its recommendations, warning that it would pursue legal action if the directive is not withdrawn.
“We would be grateful if the recommended measures are taken within 48 hours of the receipt and/or publication of this letter. If we have not heard from your government and the NBC by then, SERAP shall take all appropriate legal actions to compel compliance in the public interest,” the letter added.
