By Charles Chijioke
The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission, challenging what they describe as an “arbitrary, unconstitutional, and unlawful ‘Formal Notice’” threatening sanctions against broadcast stations and presenters.
The suit, marked FHC/L/CS/854/2026 and filed at the Federal High Court in Lagos, questions whether provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC are consistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
According to the plaintiffs, the NBC notice threatens sanctions for allegedly “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality,” following the regulator’s claim of “a sustained increase in breaches” across news and political programming.
SERAP and the editors are asking the court to declare that the provisions used by the NBC “are vague and overly broad and constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution and international human rights standards.”
They are also seeking an interim injunction restraining the NBC from imposing sanctions on broadcasters based on the contested provisions, pending the determination of the case. In their filings, the plaintiffs argue: “Unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights.”
They further stated, “The Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds. Journalistic opinion is protected expression.”
The legal team representing SERAP and the editors is led by human rights lawyer Femi Falana (SAN).
Court documents seen by SERAP and the editors argue that “Value judgments are not susceptible of proof and enjoy heightened protection.
Journalism necessarily includes analysis and commentary,” adding that “A blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction to this right.”
They contend that “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” stressing that the Broadcasting Code, as subsidiary legislation, “cannot override constitutional rights or exceed its enabling Act.”
The suit also challenges Section 1.10.3 of the Code, which allegedly restricts presenters from expressing opinions, describing it as “a form of prior censorship or restraint” that fails “the legal tests of legality, necessity and proportionality required in a democratic society.”
SERAP and the editors argue that the NBC’s reliance on vague standards such as “professionalism” opens the door to arbitrary enforcement and creates “a chilling effect on journalists and broadcasters.”
They further stated: “Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”
The plaintiffs are seeking, among other reliefs, court declarations nullifying several sections of the Broadcasting Code for being unconstitutional, as well as a perpetual injunction restraining the NBC from enforcing sanctions based on those provisions.
No date has been fixed for the hearing of the suit.
