The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a suit against the National Broadcasting Commission (NBC), challenging what they described as an “arbitrary, unconstitutional and unlawful” directive threatening sanctions against broadcast stations and presenters.
The suit, marked FHC/L/CS/854/2026 and filed before the Federal High Court in Lagos, seeks judicial interpretation of provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC to caution broadcasters over alleged misconduct, including expressing personal opinions as facts, intimidating guests, and failing to maintain neutrality.
The NBC had issued a formal notice citing what it termed a “sustained increase” in breaches of the broadcasting code across news and political programmes, warning that stations and presenters found culpable would face sanctions.
However, SERAP and NGE argued that the provisions invoked by the commission are vague, overly broad and inconsistent with constitutional guarantees of freedom of expression and media independence, as well as Nigeria’s obligations under international human rights law.
The plaintiffs are asking the court to declare that the cited sections of the broadcasting code violate Section 39 of the 1999 Constitution (as amended), which guarantees the right to receive and impart information and ideas without interference.
They are also seeking an interim injunction restraining the NBC and its agents from enforcing or imposing sanctions based on the disputed provisions pending the determination of the substantive suit.
In the originating processes, the groups maintained that journalistic work inherently includes analysis, commentary and value judgments, which are protected forms of expression in a democratic society.
“A blanket prohibition on the expression of personal opinions by anchors and presenters amounts to an impermissible restriction on freedom of expression,” the plaintiffs argued, adding that such limitations fail the legal tests of necessity and proportionality.
The suit further contends that the broadcasting code, being a subsidiary legislation, cannot override constitutional rights or exceed its enabling law, stressing that any provision inconsistent with the Constitution is null and void.
According to the plaintiffs, the NBC’s reliance on undefined standards such as “professionalism,” as well as ambiguous terms like “bullying” or “intimidation,” creates room for arbitrary enforcement and poses a chilling effect on journalists and media houses.
They also warned that the directive could encourage self-censorship, weaken the media’s watchdog role and undermine democratic discourse, particularly ahead of the 2027 general elections.
The plaintiffs argued that while preventing misinformation and ensuring fairness in broadcasting are legitimate aims, regulatory measures must be precise, lawful and proportionate, rather than sweeping restrictions that infringe on fundamental rights.
They are therefore urging the court to nullify the contested provisions of the broadcasting code and grant a perpetual injunction restraining the NBC from enforcing them.
Human rights lawyer, Femi Falana (SAN), is leading a team of senior 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.
