NBC broadcasting code ruling halts enforcement of disputed regulations targeting broadcasters and media expression

The Federal High Court in Lagos has restrained the National Broadcasting Commission from enforcing disputed provisions of its recently issued formal notice perceived as targeting broadcasters and presenters over the expression of opinions.

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Justice Daniel Osiagor granted the interim injunction following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors.

The applicants, represented by senior advocate Adeyinka Olumide-Fusika, challenged what they described as an arbitrary attempt by the NBC to sanction broadcast stations over alleged infractions including expressing personal opinions as facts, intimidating guests and failing to maintain neutrality.

In his ruling, Justice Daniel Osiagor ordered that the NBC, its officers and agents must refrain from imposing sanctions, fines or penalties on media organisations under the contested provisions of the 6th Edition of the Nigeria Broadcasting Code pending determination of the substantive suit.

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

The NBC broadcasting code ruling stems from a lawsuit seeking judicial interpretation of whether the challenged provisions violate Section 39 of the 1999 Constitution, which guarantees freedom of expression and the right to receive and impart information without interference.

In a joint statement, SERAP and the Nigerian Guild of Editors described the decision as a landmark victory for press freedom, media independence and the rule of law.

According to the organisations, the ruling reinforces the principle that regulatory agencies must operate within constitutional boundaries and cannot impose vague restrictions capable of undermining democratic discourse.

They argued that journalism extends beyond factual reporting and necessarily includes commentary, analysis and informed opinion.

The groups further maintained that the disputed provisions of the broadcasting code are overly broad and legally uncertain, creating room for arbitrary enforcement and indirect censorship.

SERAP and the Nigerian Guild of Editors warned that unchecked enforcement of the regulations could have serious implications ahead of Nigeria’s 2027 general elections.

They also pledged to continue pursuing the case to secure a final judicial pronouncement invalidating the disputed sections of the broadcasting code.

“We will continue to challenge any attempt to weaponise regulation to suppress dissent or control the media,” the organisations stated.

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

They also called on Nigerian authorities to ensure journalists and media organisations can operate freely without intimidation, censorship or reprisals.

According to the plaintiffs, the suit marked FHC/L/CS/854/2026 argues that blanket restrictions on presenters expressing personal opinions amount to unconstitutional censorship.

The applicants cited Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, both of which protect freedom of expression.

SERAP and the Nigerian Guild of Editors also argued that subjective regulatory standards such as “professionalism”, “neutrality” and “bullying” create dangerous uncertainty capable of restricting legitimate public debate.

They maintained that legal restrictions on expression must remain clear, necessary and proportionate to avoid weakening democratic accountability and public access to information.

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The organisations stressed that the court’s intervention was necessary to prevent irreparable harm to broadcasters performing their constitutional role as watchdogs and facilitators of civic engagement.