- Freezes disputed code provisions
A Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning, fining or taking punitive action against broadcast stations and presenters over alleged expression of personal opinions, perceived lack of neutrality, or claims of bullying and intimidation of guests, pending the determination of a substantive suit before it.
Justice Daniel Osiagor, in a ruling delivered on Monday, granted an interim injunction following an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), challenging what they described as the unlawful use of the Nigeria Broadcasting Code to regulate protected forms of journalistic expression.
The applicants, represented by Adeyinka Olumide-Fusika, SAN, asked the court to restrain the National Broadcasting Commission (NBC) from enforcing several provisions of the 6th Edition of the Nigeria Broadcasting Code, which they argued were vague, overly broad, and inconsistent with constitutional guarantees.
In granting the relief, Justice Osiagor specifically restrained the NBC, its officers, agents, privies and assigns from enforcing or imposing sanctions under 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 Broadcasting Code.
The order effectively freezes enforcement of the disputed provisions pending hearing and determination of the motion on notice for interlocutory injunction.
The matter has been adjourned to June 1, 2026, for further proceedings.
SERAP and NGE are asking the court to determine whether the NBC’s reliance on the Broadcasting Code to threaten sanctions against broadcasters is inconsistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations. They argue that journalism inherently includes analysis, commentary, and opinion, which are protected forms of expression and cannot be lawfully prohibited or penalised under the guise of regulation.
According to court filings, the organisations contend that journalistic opinion is protected expression, stressing that value judgments are not subject to verification and enjoy heightened constitutional protection. They further maintain that a blanket restriction on presenters expressing personal views amounts to prior restraint and unconstitutional censorship.
The applicants submitted that Section 39 of the Constitution guarantees freedom of expression and the right to receive and impart ideas without interference, while Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights equally protect free expression.
They also argued that subsidiary legislation such as the Broadcasting Code cannot override constitutional rights, and that any limitation must be lawful, necessary and proportionate in a democratic society.
SERAP and NGE warned that reliance on undefined standards such as “professionalism” and “neutrality” creates room for arbitrary enforcement and could produce a chilling effect on broadcast journalism, particularly ahead of the 2027 general elections.
They maintained that while regulation aimed at preventing harassment or ensuring fairness may be legitimate, it must not be so broad as to suppress constitutionally protected expression or weaken editorial independence.
In a joint reaction, both organisations described the ruling as a major victory for media freedom, constitutional governance and the rule of law, urging the NBC to comply immediately with the court’s order pending the determination of the substantive suit.
The case continues on June 1, 2026, when the court will hear arguments on whether the disputed provisions of the Broadcasting Code should be struck down for violating constitutional and international human rights standards.