A Federal High Court in Lagos has restrained the National Broadcasting Commission, NBC, from sanctioning broadcast stations under provisions of the Nigeria Broadcasting Code described as controversial.
Justice Daniel Osiagor granted the interim injunction following an ex parte application filed by the Socio-Economic Rights and Accountability Project, SERAP and the Nigerian Guild of Editors, NGE.
The court, in an order dated May 4, 2026, barred the NBC, its officers, and agents from enforcing or imposing sanctions on broadcast stations based on the disputed provisions, pending the determination of a motion on notice.
“It is hereby ordered as follows: THAT AN ORDER OF INTERIM INJUNCTION is granted restraining the Defendant, its Officers, agents, privies, assigns, associates or any other person or group of persons from enforcing, imposing sanctions, or levying fines on any broadcasting station based on the provisions of Sections 1.10.3, 3.3.1,b, 3.4.1, b, 5.3.3,b, 3.1.1, 3.11.1,a, 5.4.1 f, 3.11.1 b, and 5.5.1,b of the 6th Edition of the Nigeria Broadcasting Code pending the hearing and determination of the Motion on Notice for an order of interlocutory injunction filed simultaneously in this suit,” the court ruled.
The ruling effectively stops the commission from acting on its recent “Formal Notice,” which warned broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
The suit, marked FHC/L/CS/854/2026, was filed on April 24, 2026, by SERAP and NGE, who described the NBC’s directive as “arbitrary, unconstitutional and unlawful.”
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In their originating processes, the groups argued that provisions of the 6th Edition of the Broadcasting Code relied upon by the NBC are “vague and overly broad” and infringe on constitutionally guaranteed freedom of expression.
They told the court that unless restrained, the NBC would continue to use the provisions to “threaten and sanction broadcast stations and presenters” for carrying out their professional duties.
SERAP and NGE further contended that journalism inherently includes opinion, insisting that “the right to impart ideas necessarily includes opinions, commentary and analysis,” which are central to democratic discourse.
The plaintiffs also warned that the NBC’s position could create a chilling effect on the media, potentially leading to self-censorship and weakening the watchdog role of the press, especially ahead of the 2027 general elections.
In addition, they maintained that the Broadcasting Code, as subsidiary legislation, cannot override the Nigerian Constitution or international human rights obligations binding on the country.
The case has been adjourned to June 1, 2026, for hearing of the motion on notice.
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