Dare Babalola
The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from enforcing provisions of its recently issued ‘Formal Notice’ to sanction broadcast stations and presenters over alleged expression of personal opinions, bias, or failure to maintain neutrality.
The development was disclosed in a statement posted on SERAP’s official X page on Wednesday, following an interim order granted by Justice Daniel Osiagor on Monday.
The order followed an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), challenging what they described as an unlawful attempt by the NBC to regulate expression in a manner that violates constitutional and international human rights standards.
The applicants, represented by senior lawyer Adeyinka Olumide-Fusika, SAN, are asking the court to nullify the use of certain provisions of the Nigeria Broadcasting Code, which they argue are vague, overbroad, and capable of being used to suppress free speech and journalistic independence.
In the ruling, Justice Osiagor restrained the NBC and its agents from applying specific sections of the Broadcasting Code to impose sanctions or fines on broadcasters pending the determination of the substantive motion.
He ordered, “It is hereby ordered as follows: That an order of interim injunction is granted restraining the Defendant [NBC], its Officers, agents, privies, assigns, associates or any other person or group of persons from enforcing, imposing sanctions, or levying fines on any broadcasting station based on the provisions of Sections 1.10.3, 3.3.1(b), 3.4.1(b), 5.3.3(b), 3.1.1, 3.11.1(a), 5.4.1(f), 3.11.1(b), and 5.5.1(b) of the 6th Edition of the Nigeria Broadcasting Code pending the hearing and determination of the Motion on notice.”
The case has been adjourned to June 1, 2026, for hearing of the motion on notice.
SERAP and NGE argued that journalism inherently includes opinion, commentary, and analysis, which are protected forms of expression under the Nigerian Constitution and international human rights treaties.
“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,” part of the filings stated.
They further argued that blanket restrictions on broadcasters expressing opinions amount to prior censorship and undermine democratic discourse.
“Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary,” they added.
The organisations also relied on constitutional and international legal instruments, including Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples’ Rights, and Article 19 of the ICCPR, which guarantee freedom of expression and the right to impart information without interference.
In a joint reaction, SERAP and NGE welcomed the court’s decision, describing it as a victory for media freedom, constitutional governance, and the rule of law.
“This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s decision affirms that regulatory powers must be exercised within constitutional limits,” they said.
They urged the NBC to comply fully with the ruling, warning that vague regulatory standards could encourage arbitrary sanctions, self-censorship, and weaken media independence ahead of the 2027 general elections.
