Court restrains NBC from threatening broadcasters

The Federal High Court in Lagos has stopped the National Broadcasting Commission (NBC) from threatening, sanctioning, or punishing broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.

Hon. Justice Daniel Osiagor granted the interim injunction on Monday following an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

The case was argued by their lead counsel, Adeyinka Olumide-Fusika, SAN.

In the substantive suit, SERAP and NGE are challenging what they described as “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”

The organisations had asked the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian 1999 Constitution (as amended) and the country’s international human rights obligations.”

Reacting to the ruling in a joint statement on Monday, SERAP and NGE welcomed the decision.

“This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria,” they said. “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.”

Justice Osiagor ordered that the NBC, its officers, agents, or any affiliated persons be restrained from imposing sanctions, fines, or other penalties on broadcasting stations based on contested provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing of the substantive suit.

The case has been adjourned to June 1, 2026, for the hearing of the motion on notice.

SERAP and NGE argued in the lawsuit that the provisions relied upon by the NBC are inconsistent with Section 39 of the 1999 Constitution, which guarantees the right to freedom of expression.

They stated: “The right to freedom of expression includes not only factual reporting but also opinions, commentary, and analysis. Journalism without opinion is neither practical nor democratic.”

The organisations warned that the NBC’s actions, if left unchecked, could have far-reaching consequences ahead of the 2027 general elections.

They vowed to pursue the case to its logical conclusion.

“We will continue to challenge any attempt to weaponize regulation to suppress dissent or control the media. Protecting freedom of expression and media independence is central to advancing transparency, accountability, and human rights in Nigeria,” they said.

SERAP and NGE called on the NBC to immediately comply with the court’s order and review its regulatory framework to align with constitutional guarantees and international human rights standards.

They added: “This ruling sends a clear message: 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.”

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