A Federal High Court in Lagos has, in a ruling, stopped the National Broadcasting Commission (NBC) from using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
Justice Daniel Osiagor on Monday granted an order of interim injunction following arguments on an ex-parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
The case was argued on behalf of SERAP and NGE by their lawyer, Adeyinka Olumide-Fusika, SAN.The ruling follows a lawsuit filed by SERAP and NGE challenging what they described as “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain “neutrality.”
The certified true copy of the ruling was obtained Tuesday.
SERAP and NGE had asked the court in the lawsuit “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.”
In a joint statement Wednesday, SERAP and NGE “welcome the ruling, which granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigeria Broadcasting Code used to threaten broadcasters and presenters.”
SERAP and NGE said, “This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s decision to restrain the NBC from enforcing these vague and overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits.”
The organisations also called on “the NBC to immediately comply with the court’s order.”
In a ruling delivered on 4 May 2026, Justice Daniel Osiagor said: “It is hereby ordered as follows: That an order of interim injunction is granted restraining the Defendant [NBC], 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 case has been adjourned to 1st of June 2026 for the hearing of the motion on notice.In the lawsuit, SERAP and NGE are arguing that: “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.”
SERAP and NGE are also arguing that, “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 originating summons, motion exparte, motion on notice and affidavit of urgency filed in court, read in part: “Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary.”
“The right to impart ideas necessarily includes opinions, commentary, and analysis. A blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction of this right.”
Credit: Daylight & Vanguard
