Justice Daniel Osiagor of the Federal High Court in Lagos has issued an interim injunction stopping the National Broadcasting Commission (NBC) from using its recent '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. The ruling came after an ex parte motion by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
Background of the Case
In April, the NBC issued a statement warning that it had observed increased violations of the sixth edition of the Nigeria Broadcasting Code across news, current affairs, and political programmes. The commission threatened sanctions against presenters who express personal opinions as facts or bully guests on air. SERAP and NGE challenged this, filing a lawsuit arguing that the NBC's actions were arbitrary and unlawful.
Legal Arguments
The plaintiffs asked the court to determine whether the provisions of the Nigeria Broadcasting Code relied upon by the NBC are inconsistent with the Nigerian 1999 Constitution and the country's international human rights obligations. They argued that the NBC's threat infringes on freedom of expression guaranteed by the constitution.
Court's Interim Order
Justice Osiagor ordered the NBC, its officers, agents, or affiliated persons to refrain from imposing sanctions, fines, or penalties on broadcasting stations based on several contested provisions of the 6th Edition of the Nigeria Broadcasting Code. This order remains in effect pending the hearing and determination of the substantive suit. The case has been adjourned to June 1, 2026, for the hearing of the motion on notice.
