Court Restrains NBC from Sanctioning Broadcasters Over Opinions, Neutrality

The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from enforcing sections of the Nigeria Broadcasting Code used to sanction broadcast stations and presenters over alleged expression of personal opinions, intimidation of guests, and failure to maintain neutrality.

Justice Daniel Osiagor granted the interim injunction following an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP), and the Nigerian Guild of Editors (NGE).

The two organisations are represented in the matter by senior lawyer, Adeyinka Olumide-Fusika.

The court barred the NBC, its officers, agents, and associates from imposing fines, sanctions, or penalties on broadcast stations based on some disputed provisions in the 6th Edition of the Nigeria Broadcasting Code pending the determination of the substantive suit.

The suit, marked FHC/L/CS/854/2026, challenges what SERAP and NGE described as an “arbitrary and unlawful attempt” by the NBC to punish broadcasters for allegedly presenting opinions as facts, intimidating guests, or failing to remain neutral.

Justice Osiagor subsequently adjourned the matter until June 1, 2026, for hearing of the motion on notice.

Groups Hail Ruling as Victory for Media Freedom

Reacting to the ruling, SERAP and NGE described the court decision as a major victory for freedom of expression, media independence, and the rule of law in Nigeria.

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In a joint statement signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Onuoha Ukeh, the organisations said the ruling reaffirmed that regulatory powers must operate within constitutional boundaries.

“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 statement said.

SERAP, NGE Challenge NBC Code Provisions

The organisations argued before the court that the disputed provisions of the broadcasting code violate Section 39 of the 1999 Constitution, which guarantees freedom of expression and the right to receive and share information without interference.

According to them, journalism in a democratic society cannot be separated from commentary, opinions, and analysis.

SERAP and NGE further contended that the NBC’s use of terms such as “professionalism,” “bullying,” and “neutrality” leaves room for arbitrary enforcement and indirect censorship.

They warned that unchecked enforcement of the code could undermine media independence and restrict public debate ahead of the 2027 general elections.

The groups also urged the NBC to comply fully with the court order and review its regulatory framework to align with constitutional provisions and international human rights standards.

They maintained that a free and independent media remains vital to transparency, accountability, democratic governance, and credible elections in Nigeria.

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Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.

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