The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from enforcing parts of the Nigeria Broadcasting Code used to threaten or punish broadcast stations and presenters over alleged expressions of personal opinions, intimidation of guests, and failure to maintain neutrality.
Justice Daniel Osiagor granted the interim injunction, following an ex parte motion filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors.
A senior lawyer, Adeyinka Olumide-Fusika represents the two organisations on the suit.
The court ordered restrained the NBC, its officers, agents, and affiliated persons from imposing sanctions, fines, or penalties on broadcast stations based on several disputed provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the substantive suit.
The lawsuit, 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 maintain neutrality.
Justice Osiagor subsequently adjourned the matter until June 1, 2026, for hearing of the motion on notice.
Reacting to the ruling, SERAP and NGE described the court decision as a major victory for freedom of expression, media freedom, and the rule of law in Nigeria.
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 be exercised within constitutional limits.
“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 read.
SERAP and NGE argued before the court that the controversial provisions of the broadcasting code violate Section 39 of the 1999 Constitution, which guarantees freedom of expression and the right to receive and impart information without interference.
According to the organisations, journalism in a democratic society cannot be separated from opinions, commentary, and analysis.
They further contended that the NBC’s reliance on terms such as “professionalism,” “bullying,” and “neutrality” creates room for arbitrary enforcement and indirect censorship.
The groups warned that if unchecked, the NBC’s actions could negatively affect media independence and public debate ahead of the 2027 general elections.
SERAP and NGE also urged the NBC to comply fully with the court order and review its regulatory framework to align with constitutional guarantees and international human rights standards.
The organisations maintained that a free and independent media remains essential to transparency, accountability, democratic governance, and credible elections in Nigeria.
