The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning broadcast stations and presenters over the expression of personal opinions.
Justice Daniel Osiagor granted an interim injunction on May 4, 2026, barring the NBC from enforcing provisions of the Nigeria Broadcasting Code used to threaten broadcasters for allegedly expressing opinions as facts, intimidating guests, or failing to maintain neutrality.
The order followed an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), argued by their counsel, Adeyinka Olumide-Fusika (SAN).
The lawsuit challenges what the groups described as an “arbitrary and unlawful attempt” by the NBC to regulate broadcast content in a manner that infringes on freedom of expression and press freedom.
In his ruling, Justice Osiagor directed that the NBC, its agents, and associates must refrain from enforcing or imposing sanctions based on several sections of the 6th Edition of the Nigeria Broadcasting Code, pending the determination of a substantive motion before the court.
SERAP and NGE had asked the court to determine whether the provisions relied upon by the NBC are consistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
Reacting to the decision, both organisations described the ruling as a significant step in protecting media freedom and democratic principles.
“This is a victory for freedom of expression and the rule of law,” the groups said in a joint statement, urging the NBC to comply fully with the court order.
Also Read:Again, NBC warns Arise TV over derogatory remarks
Press freedom, intelligence power, and Nigeria’s democratic signal to West Africa
They argued that journalistic practice inherently includes analysis, commentary, and opinion, which are protected under both the Nigerian Constitution and international human rights law.
According to the groups, the Broadcasting Code, as a subsidiary legislation, cannot override constitutional rights or impose vague and overly broad restrictions on media professionals.
They further maintained that any attempt to limit expression must meet the legal standards of necessity, proportionality, and legitimacy in a democratic society.
The court has adjourned the case to June 1, 2026, for the hearing of the motion on notice.
SERAP and NGE warned that without judicial intervention, the NBC’s actions could encourage self-censorship, restrict public discourse, and undermine the media’s role in ensuring transparency and accountability, particularly ahead of the 2027 general elections.
