The Federal High Court in Lagos State has issued an interim injunction restraining the National Broadcasting Commission (NBC) from enforcing its ‘Formal Notice’ to threaten, sanction, or punish broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
Court Ruling Details
Justice Daniel Osiagor granted the order on Monday, May 4, 2026, following an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE). The applicants were represented by their lawyer, Adeyinka Olumide-Fusika (SAN).
The lawsuit challenged the NBC’s attempt to sanction broadcasters for allegedly expressing personal opinions as facts, “bullying or intimidating guests,” or failing to maintain “neutrality.” SERAP and NGE argued that the provisions of the Nigeria Broadcasting Code relied upon by the NBC are inconsistent with the Nigerian Constitution and international human rights obligations.
Key Provisions Blocked
The interim injunction specifically restrains the NBC from enforcing 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 6th Edition of the Nigeria Broadcasting Code. The order remains in effect until the hearing and determination of the motion on notice for an interlocutory injunction, which has been adjourned to June 1, 2026.
Arguments by SERAP and NGE
In their filings, SERAP and NGE contended that the NBC’s actions threaten broadcast stations and presenters solely for carrying out constitutional responsibilities and exercising their rights. They emphasized that the Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas, including journalistic opinion.
The applicants argued that “value judgments are not susceptible of proof and enjoy heightened protection,” and that “journalism necessarily includes analysis and commentary.” They stated that a blanket prohibition on personal opinions by anchors and presenters amounts to an impermissible restriction of rights, and that journalists are entitled to express opinions as a matter of professional standard.
They further argued that the Nigeria Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. The vague and overly broad provisions unlawfully restrict freedom of expression and must be struck down. Additionally, they cited Article 27 of the Vienna Convention on the Law of Treaties, noting that Nigeria cannot invoke internal law to justify failure to perform international treaty obligations.
NBC’s Justification Rejected
The court rejected the NBC’s claim of a “crisis of anchor and presenter professionalism” as a legally insufficient justification for restrictive measures. The applicants maintained that any limitation on rights must be reasonably justifiable in a democratic society, and that Section 1.10.3 amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments.
Reactions to the Ruling
In a joint statement, SERAP and NGE welcomed the ruling, calling it “a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria.” They affirmed that the court’s decision restrains the NBC from enforcing vague and overly broad provisions, thereby upholding constitutional limits on regulatory powers. The organizations called on the NBC to immediately comply with the court’s order.
