The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have taken the National Broadcasting Commission (NBC) to court over a recent directive warning television and radio stations against certain forms of on-air conduct, arguing that the regulator is attempting to unlawfully restrict freedom of expression and media independence.
In a joint statement issued on Sunday, both organisations said the lawsuit challenges what they described as an arbitrary and unconstitutional threat to sanction broadcast stations, presenters and journalists under provisions of the Nigeria Broadcasting Code.
The suit, marked FHC/L/CS/854/2026, was filed at the Federal High Court in Lagos on April 24, 2026.
At the centre of the dispute is a recent NBC notice cautioning broadcasters against presenting personal opinions as facts, intimidating or bullying guests during programmes, and failing to maintain neutrality in their coverage and discussions.
SERAP and the editors’ guild contend that the sections of the 6th Edition of the Nigeria Broadcasting Code being relied upon by the commission are too vague, excessively broad and open to abuse.
According to the plaintiffs, the wording of those provisions gives the regulator sweeping powers that can be used to punish journalists and media houses simply for carrying out legitimate editorial work, including commentary, analysis and robust questioning of public figures.
The groups told the court that unless judicial intervention is granted, the NBC would continue using the code to threaten sanctions against stations and presenters who are merely exercising rights guaranteed under the Nigerian Constitution.
They argued that journalism is not limited to repeating raw facts, but also includes interpretation, opinion, analysis and informed commentary that help the public understand events and hold those in authority accountable.
In their filing, the plaintiffs maintained that the right to impart ideas necessarily includes the right to express views, provide context and engage in analytical discussion, all of which they said are central to democratic discourse and professional journalism.
The case also raises a constitutional challenge to the legal authority of the broadcasting code itself. SERAP and NGE argued that the Constitution remains the supreme law of the country and that any subsidiary regulation inconsistent with constitutional protections cannot stand.
They said the broadcasting code, being a subordinate legal instrument, cannot override rights guaranteed under the Constitution or exceed the powers granted by the law establishing the NBC.
The organisations further warned that the commission’s interpretation of neutrality and opinion could create a form of prior restraint, where journalists censor themselves in advance for fear of punishment.
They argued that such restrictions would weaken open debate, reduce scrutiny of those in power and narrow the range of viewpoints available to the public.
According to the plaintiffs, this concern becomes even more serious as Nigeria moves toward the 2027 general elections, when citizens are expected to rely heavily on the media for information, competing policy arguments and political accountability.
They said any regulatory climate that discourages vigorous reporting or critical discussion could undermine the public’s democratic right to hear diverse opinions and make informed choices.
The lawsuit also claims that the threat of sanctions may produce a chilling effect across the broadcast industry, leading stations, presenters and editors to avoid sensitive topics, controversial guests or legitimate criticism in order to escape penalties.
Such self-censorship, they argued, would damage the media’s watchdog role and weaken public oversight of governance.
Among the reliefs being sought, SERAP and the Nigerian Guild of Editors are asking the court to declare several contested provisions of the broadcasting code unconstitutional and therefore unenforceable.
They are also seeking an injunction to stop the NBC from imposing sanctions based on those provisions while the constitutional questions remain unresolved.
Human rights lawyer Femi Falana (SAN) is leading the legal team representing both organisations in the matter.
As of the time of the filing, no date had been fixed for the hearing of either the interim application or the substantive suit.
The case is expected to draw significant attention from media organisations, legal observers and civil society groups, as it could shape the future balance between broadcast regulation and press freedom in Nigeria.
