By Aaron Ossai
The Federal High Court sitting in Lagos has restrained the National Broadcasting Commission, NBC from sanctioning broadcasters who express personal opinions as facts.
The presiding judge, Daniel Osiagor had on Monday restrained the NBC from enforcing its recently released “formal notice” to broadcasters.
Justice Osiagor barred the NBC, its officers and agents from enforcing or imposing sanctions on broadcast stations based on the disputed provisions of the NBC ode provisions, pending the determination of a motion on notice.
He 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.”
SERAP and NGE had, in the lawsuit, asked the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian 1999 Constitution (as amended) and the country’s international human rights obligations.”
In a joint statement on Monday, SERAP and NGE “welcome the landmark ruling, which granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigerian 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.”
In his ruling, Justice Osiagor ordered that the NBC, its officers, agents, or any affiliated persons be restrained from imposing sanctions, fines, or other penalties on broadcasting stations based on several contested provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the substantive suit.
The case has been adjourned to June 1, 2026 for the hearing of the motion on Notice.
In the lawsuit, SERAP and NGE are arguing that “the provisions relied upon by the NBC are inconsistent with Section 39 of the Nigerian Constitution 1999 (as amended), which guarantees the right to freedom of expression, including the right to receive and impart information and ideas without interference.”
According to SERAP and NGE, “the right to freedom of expression includes not only factual reporting but also opinions, commentary, and analysis. Journalism without opinion is neither practical nor democratic.”
The lawsuit specifically challenges multiple provisions of the Broadcasting Code on the grounds that they are vague, overly broad, and fail to provide sufficient legal certainty.
According to SERAP and NGE, such provisions grant excessive discretion to regulators and risk transforming oversight into indirect censorship.
