By Our Correspondent
Lagos, May 8, ’26 (TNZ) The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from “using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters.
TheNewsZenith reports that the court ruled that broadcast stations and presenters could not be sanctioned “for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”
Justice Daniel Osiagor granted an order of interim injunction following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
Adeyinka Olumide-Fusika (SAN), counsel to NGE and SERAP, had argued the case on their behalf.
TheNewsZenith reports that the ruling follows a lawsuit filed by both organisations, challenging what they described as “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts”.
They also viewed NBC’s action as “bullying or intimidation of guests or failing to maintain neutrality.”
In the lawsuit, both organisations asked the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian 1999 Constitution (as amended) and the country’s international human rights obligations.”
Both NGE and SERAP, in a joint statement, welcomed the landmark ruling. The ruling granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigerian Broadcasting Codes.
NBC has allegedly used the codes to threaten broadcasters and presenters.
“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 overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits,” TheNewsZenith quotes from the statement.
According to the statement, Justice Osiagor ruled that the NBC, its officers, agents, or any affiliated persons be restrained from imposing sanctions, fines, or other penalties on broadcasting stations.
This is based on several contested provisions of the sixth edition of the Nigeria Broadcasting Code. The ruling is pending the hearing and determination of the substantive suit.
TheNewsZenith reports that the judge adjourned the case to June 1 for the hearing of the motion on Notice.
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In the lawsuit, NGE and SERAP argued that “the provisions relied upon by the NBC are inconsistent with Section 39 of the Nigerian Constitution 1999 (as amended).
The amendment guarantees the right to freedom of expression, including the right to receive and impart information and ideas without interference.”
According to them, “the right to freedom of expression includes not only factual reporting but also opinions, commentary, and analysis. Journalism without opinion is neither practical nor democratic.”
The suit challenged multiple provisions of the Broadcasting Code “because they are vague and overly broad. These provisions also fail to provide sufficient legal certainty”.
The lawsuit, with number FHC/L/CS/854/2026, read in part: “Any blanket prohibition on the expression of ‘personal opinions’ by presenters amounts to censorship and is incompatible with constitutional and international standards.
“Nigeria’s obligations under international human rights law reinforce these protections, including Article 9 of the African Charter on Human and Peoples’ Rights and Article 19 of the International Covenant on Civil and Political Rights, both of which guarantee the right to freedom of expression.
“The NBC’s reliance on subjective standards such as ‘professionalism,’ ‘bullying,’ or ‘neutrality’ creates a dangerous framework for arbitrary enforcement.
“Laws regulating expression must be clear, precise, necessary, and proportionate. Anything less opens the door to abuse and undermines democratic accountability.
“The court’s intervention at this stage is crucial in preventing irreparable harm.
“Without this injunction, broadcasters would face threats of sanctions. This is simply for performing their constitutional role as watchdogs and platforms for public debate.
“A free, independent, and vibrant media is essential to credible elections.
“Any attempt to silence critical voices or restrict open debate undermines the public’s right to information and weakens democratic governance.
“The rule of law requires that all public authorities act within the bounds of the Constitution. Subsidiary legislation like the Broadcasting Code cannot override fundamental rights.
“The court’s decision reinforces the supremacy of the Constitution and the duty of institutions to respect it.” (TNZ)
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