The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning broadcast stations and presenters over alleged breaches related to expression of opinions, neutrality, and conduct during programmes.
In a landmark interim ruling delivered on May 4, 2026, Justice Daniel Osiagor granted an order of injunction barring the NBC, its officers, agents, or affiliates from enforcing provisions of the Nigeria Broadcasting Code used to threaten or penalise broadcasters, pending the determination of a substantive suit.
The order followed an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), and argued by their counsel, Adeyinka Olumide-Fusika (SAN).
A press statement jointly issued by Onuoha Ukeh, Secretary General of the Nigerian Guild of Editors (NGE) and Kolawole Oluwadare, a deputy director of the Socio-Economic Rights And Accountability Project (SERAP), indicate that the court specifically restrained the commission from using its recent “Formal Notice” to impose fines, sanctions, or other penalties on media organisations for allegedly expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
SERAP and NGE had approached the court to challenge what they described as an “arbitrary and unlawful attempt” by the NBC to regulate broadcast content through vague and overly broad provisions of the 6th Edition of the Nigeria Broadcasting Code.
The suit seeks a determination of whether the provisions relied upon by the NBC are inconsistent with Section 39 of the 1999 Constitution (as amended), which guarantees freedom of expression, including the right to receive and impart information and ideas without interference.
In a joint statement, the organisations welcomed the ruling, describing it as a significant victory for media freedom, freedom of expression, 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 the principle that regulatory powers must be exercised within constitutional limits,” they said.
They argued that journalism necessarily involves opinions, commentary, and analysis, stressing that attempts to prohibit presenters from expressing personal views amount to censorship and are incompatible with democratic standards.
SERAP and NGE further contended that the contested provisions of the broadcasting code are vague, grant excessive discretionary powers to regulators, and risk enabling arbitrary enforcement.
They warned that continued enforcement of such provisions could have far-reaching implications, particularly ahead of the 2027 general elections, by stifling critical voices and limiting public debate.
According to the groups, Nigeria’s obligations under international human rights instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, reinforce constitutional protections for freedom of expression.
They maintained that regulatory standards must be clear, precise, necessary, and proportionate, noting that subjective terms such as “professionalism,” “bullying,” and “neutrality” could be weaponised to suppress dissent.
“The court’s intervention at this stage is crucial in preventing irreparable harm. Without this injunction, broadcasters would face immediate threats of sanctions simply for performing their constitutional role,” the statement added.
The case, marked FHC/L/CS/854/2026, has been adjourned to June 1, 2026, for hearing of the motion on notice.
SERAP and NGE urged the NBC to comply with the court’s order and review its regulatory framework to align with constitutional guarantees and international human rights standards.
They also called on authorities to ensure an enabling environment for journalists and media organisations to operate without fear of intimidation, censorship, or reprisals, insisting that a free and independent media remains essential to democratic governance.