Dare Babalola
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 arbitrary and unconstitutional directive threatening sanctions against broadcasters.
The suit follows a “Formal Notice” issued by the NBC warning broadcast stations and presenters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
The commission had justified the directive by citing what it termed a “sustained increase in breaches” of the 6th Edition of the Nigeria Broadcasting Code across news and political programmes.
Filed last Friday at the Federal High Court in Lagos and marked FHC/L/CS/854/2026, the suit asks the court to determine whether the provisions of the Broadcasting Code relied upon by the NBC are consistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
SERAP and NGE are seeking declarations that several sections of the Code are vague, overly broad, and constitute a violation of constitutionally guaranteed rights to freedom of expression, opinion, and access to information.
They also contend that the provisions fail to meet the standards required under international human rights law.
The plaintiffs are further requesting an interim injunction restraining the NBC, its agents, or any relevant authority from enforcing the contested provisions or imposing sanctions on broadcasters pending the determination of the suit.
In their arguments, SERAP and NGE maintained that the continued application of the provisions would enable the NBC to “threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities.”
They argued that journalistic expression, including commentary and analysis, is protected under both Nigerian and international law.
“The right to impart ideas necessarily includes opinions, commentary, and analysis. A blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction to this right,” the plaintiffs stated.
They further described the relevant sections of the Code as imprecise and susceptible to arbitrary interpretation, warning that such provisions could foster self-censorship and undermine democratic discourse, particularly ahead of the 2027 general elections.
“The threat of sanctions for broadly defined conduct creates a chilling effect on journalists and broadcasters, thereby undermining constitutional guarantees and international human rights standards,” they added.
The suit also challenges specific sections of the Broadcasting Code, arguing that they amount to prior restraint and disproportionate interference with media freedom. The plaintiffs are seeking orders nullifying the contested provisions and restraining the NBC from enforcing them.
Human rights lawyer, Femi Falana (SAN), is leading a team of lawyers representing SERAP and NGE in the matter.
No date has yet been fixed for the hearing of the interim application or the substantive suit.
