The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC), challenging what they described 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 last Friday at the Federal High Court in Lagos, seeks judicial interpretation of several provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC to warn broadcasters against expressing personal opinions as facts, bullying or intimidating guests, and failing to maintain neutrality.
The NBC had recently announced that it observed a “sustained increase in breaches” of the Broadcasting Code across news, current affairs and political programmes. It subsequently warned that stations and presenters who violate provisions of the Code—particularly those relating to professionalism, neutrality and conduct—would face sanctions classified as “Class B breaches,” which could attract fines or suspension.
The regulator cited concerns over what it termed a growing crisis in anchor and presenter professionalism and insisted that its enforcement measures were necessary to safeguard broadcast standards, especially ahead of the 2027 general elections.
However, SERAP and the NGE argue that the provisions invoked by the NBC are vague, overly broad and inconsistent with the 1999 Constitution (as amended), as well as Nigeria’s obligations under international human rights treaties.
In their originating summons, motion ex parte, motion on notice and affidavit of urgency, the plaintiffs contend that the Broadcasting Code, being subsidiary legislation, cannot override constitutional guarantees of freedom of expression and media independence.
They are asking the court to determine whether the sections relied upon by the NBC—particularly Section 1.10.3 and several others—violate Section 39 of the Nigerian Constitution, which guarantees the right to receive and impart information and ideas without interference.
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The groups argue that journalism necessarily includes analysis, commentary and value judgments, which are protected expressions under both domestic and international law. According to them, a blanket prohibition on presenters expressing personal opinions amounts to prior restraint and impermissible censorship.
“Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary,” the court documents state.
SERAP and the NGE maintain that the Code’s provisions lack precision and fail to clearly distinguish between fact and opinion, thereby opening the door to arbitrary enforcement. They also fault the undefined scope of terms such as “bullying” and “intimidation,” warning that such language could capture legitimate adversarial questioning, a core component of investigative journalism.
The plaintiffs further argue that requiring broadcasters to always provide fair hearing to opposing views, while seemingly grounded in balance, could amount to compelled speech and undue editorial interference—particularly in commentary-driven formats.
They assert that classifying alleged infractions as “Class B breaches” attracting punitive sanctions raises serious concerns about proportionality, due process and fair hearing, as guaranteed by both Nigerian and international law.
Citing Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, the groups argue that any restriction on freedom of expression must pursue a legitimate aim and be necessary and proportionate in a democratic society.
Human rights lawyer, Femi Falana (SAN), is leading a team of senior lawyers representing SERAP and the NGE in the case.
The plaintiffs are seeking several reliefs from the court, including declarations that specific sections of the 6th Edition of the Broadcasting Code are unconstitutional, null and void due to vagueness and overbreadth. They are also requesting an order nullifying those provisions and a perpetual injunction restraining the NBC from enforcing or imposing sanctions under the contested sections.
Additionally, they are asking for an interim injunction to prevent the NBC from sanctioning broadcast stations and presenters pending the determination of the substantive suit.
SERAP and the NGE warn that the NBC’s enforcement posture, particularly as Nigeria approaches the 2027 general elections, risks undermining democratic discourse by fostering self-censorship and limiting scrutiny of political actors.
They argue that while preventing misinformation or harassment may constitute legitimate regulatory objectives, sweeping and imprecise restrictions on journalistic expression could weaken the media’s constitutional role as a public watchdog.
According to the plaintiffs, unless the court intervenes, the NBC will continue to rely on the disputed provisions to threaten and sanction broadcasters for carrying out their constitutional responsibilities.
The case is expected to test the limits of regulatory authority over broadcast media and clarify the constitutional boundaries of freedom of expression and editorial independence in Nigeria.