LAGOS, Nigeria — The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission, challenging a recent directive they say threatens freedom of expression and media independence in the country.
The suit, marked FHC/L/CS/854/2026, was filed last Friday at the Federal High Court in Lagos. It seeks judicial interpretation of provisions in the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC to caution broadcast stations and presenters.
The NBC had issued what it described as a “Formal Notice,” warning broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality during programmes. The commission said it observed a growing number of violations across news, current affairs, and political broadcasts.
However, SERAP and the Editors’ Guild argue that the directive is arbitrary, unconstitutional, and unlawful. They are asking the court to determine whether the provisions cited by the NBC are consistent with the 1999 Constitution of Nigeria (as amended) and the country’s international human rights obligations.
The plaintiffs are also seeking a declaration that aspects of the broadcasting code are vague, overly broad, and infringe on the constitutional right to freedom of expression and press freedom.
In addition, they have requested an interim injunction restraining NBC and its agents from imposing sanctions on media houses and presenters under the disputed provisions, pending the court’s final decision.
Represented by prominent human rights lawyer Femi Falana (SAN), the groups argue that journalism naturally involves opinion, analysis, and commentary, all of which are protected forms of expression.
They contend that restricting presenters from expressing personal views amounts to censorship and unlawful prior restraint. According to them, the Broadcasting Code, as a subsidiary regulation, cannot override constitutional guarantees of fundamental rights.
SERAP and NGE further argued that certain terms used in the code—such as “bullying” and “intimidation”—are not clearly defined, leaving room for subjective interpretation and possible abuse by regulators.
They warned that the NBC’s actions could lead to increased self-censorship among journalists, weaken editorial independence, and limit the public’s access to diverse viewpoints, especially as Nigeria approaches the 2027 general elections.
The organisations also cited international agreements ratified by Nigeria, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which guarantee the right to receive and share information without undue interference.
While acknowledging the need to curb misinformation and uphold professional standards in broadcasting, the groups insisted that any regulation must be clear, necessary, and proportionate.
They further argued that enforcing “balance” by compelling broadcasters to always present opposing views could amount to undue editorial control and restrict journalistic freedom.
“The notice would seriously undermine the media’s constitutional role as a public watchdog,” the groups stated, adding that discouraging rigorous questioning weakens democratic accountability.
They also warned that sanctions based on vague rules could create a “chilling effect,” discouraging legitimate journalism and undermining democratic discourse.
As of the time of filing this report, no date has been fixed for the hearing of the case or the application for interim relief.
