The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have sued the National Broadcasting Commission, challenging what they call an “arbitrary and unlawful” threat to sanction broadcasters for expressing opinions on air.
The suit, filed Friday at the Federal High Court in Lagos as `FHC/L/CS/854/2026`, targets a “Formal Notice” from NBC warning stations and presenters against “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”
NBC claimed it had “identified a sustained increase in breaches” of the 6th Edition of the Nigeria Broadcasting Code across news, current affairs and political programmes.
● “Vague and Overly Broad”
SERAP and NGE are asking the court to declare provisions of the 6th Edition of the Code “vague and overly broad” and in breach of freedom of expression guaranteed by the Nigerian Constitution and international human rights law.
They seek an interim injunction restraining NBC from imposing sanctions on stations and presenters based on those provisions, pending determination of the suit.
“Unless the reliefs sought are granted, the NBC will continue to use the Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities,” the plaintiffs argue.
●Journalistic Opinion Is Protected
The suit contends that the Constitution and international law protect both the right to hold opinions and to express ideas. “Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary,” the filing reads.
It argues that a “blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction” and that Section 1.10.3 of the Code is “prior restraint” that excludes commentary and value judgments — “the core of journalism and democratic discourse.”
SERAP and NGE say the Code’s ban on “bullying or intimidation” lacks clear criteria and risks capturing “critical or adversarial questioning, which is an essential feature of investigative journalism.”
They also fault the requirement to always provide “fair hearing to opposing views,” calling it “compelled speech and editorial control” that undermines independence, especially in commentary formats.
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●Reliefs Sought
The plaintiffs want the court to:
● Declare 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 Code unconstitutional for vagueness and overbreadth.
●Nullify those sections for breaching rights to freedom of expression and opinion under the Constitution, African Charter, and ICCPR.
● Issue a perpetual injunction stopping NBC from enforcing sanctions based on the challenged provisions.
Human rights lawyer Femi Falana, SAN, will lead the legal team for SERAP and NGE.
The suit warns that ahead of the 2027 general elections, NBC’s notice “undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”
“Rather than curbing misuse, such measures risk entrenching self-censorship, limiting scrutiny of political actors, and weakening the media’s essential role in ensuring transparent, accountable, and credible elections,” the filing states.
No date has been fixed for hearing of the interim application or substantive suit.
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