The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have instituted a lawsuit against the National Broadcasting Commission, challenging what they describe as an “arbitrary, unconstitutional and unlawful” directive targeting broadcast stations and presenters.
The suit, filed last Friday before the Federal High Court in Lagos with number FHC/L/CS/854/2026, seeks to restrain the NBC from enforcing provisions of the 6th Edition of the Nigeria Broadcasting Code, which the commission recently invoked to warn broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and NGE.
The NBC had justified its position by citing what it called a “sustained increase in breaches” of the Broadcasting Code across news, current affairs and political programmes. It specifically accused presenters of blurring the line between opinion and fact, and engaging in conduct deemed unprofessional.
However, SERAP and NGE contend that the NBC’s “Formal Notice” amounts to a gag order capable of stifling media freedom and democratic discourse, particularly as Nigeria approaches the 2027 general elections.
In their originating processes, the groups are asking 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. They argue that the contested provisions are vague, overly broad and grant excessive discretionary powers capable of arbitrary enforcement.
According to the plaintiffs, the Constitution guarantees both the absolute right to hold opinions and the qualified right to express them, including journalistic commentary and analysis. They maintain that any blanket restriction on presenters expressing personal views constitutes an impermissible limitation on freedom of expression.
The suit further argues that journalism inherently involves analysis, commentary and value judgments, which are protected forms of expression. It warns that prohibiting such content would undermine the media’s role as a watchdog and weaken democratic accountability.
SERAP and NGE also fault Section 1.10.3 of the Broadcasting Code, which restricts presenters from expressing opinions, describing it as a form of prior restraint and indirect censorship that fails the legal tests of necessity, legality and proportionality in a democratic society.
They also raised concerns over the NBC’s classification of certain conduct as “Class B breaches” attracting sanctions such as fines and suspension, arguing that the provisions lack precision and do not provide adequate notice of what constitutes an offence. This, they said, creates a chilling effect on journalists and broadcasters.
The plaintiffs further submitted that vague terms such as “bullying,” “intimidation,” and “professionalism” are open to subjective interpretation and could be used to suppress critical or investigative journalism. They stressed that adversarial questioning and robust debate are essential elements of democratic discourse.
The groups also argued that the requirement for broadcasters to always provide opposing views could amount to compelled speech and undue interference in editorial independence, particularly in opinion-based programming.
Relying on constitutional and international legal frameworks, including freedom of expression protections under Nigerian law and human rights treaties, SERAP and NGE insisted that any restriction on speech must be lawful, necessary and proportionate.
They warned that the NBC’s directive, if left unchecked, could encourage self-censorship, limit scrutiny of political actors and undermine the credibility of future elections.
Among the reliefs sought, the plaintiffs are asking the court to declare several provisions of the Broadcasting Code unconstitutional, null and void for violating the rights to freedom of expression and access to information. They are also seeking an order of perpetual injunction restraining the NBC from enforcing or imposing sanctions based on those provisions.
Additionally, they filed an application for interim injunction to prevent the commission from taking punitive action against broadcasters pending the determination of the suit.
No date has been fixed for the hearing of the interim application or the substantive suit.
