The Federal High Court sitting in Lagos has issued an interim order preventing the National Broadcasting Commission (NBC) from enforcing its recent directive aimed at penalising broadcast stations and presenters over alleged breaches such as expressing opinions as facts, intimidating guests, or failing to maintain neutrality.
The order was granted on Monday by Justice Daniel Osiagor after hearing an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) alongside the Nigerian Guild of Editors’ (NGE).
The legal action challenges the NBC’s reliance on certain provisions of the Nigeria Broadcasting Code, which SERAP and NGE argue are vague, excessive, and inconsistent with constitutional protections.
According to the groups, the Commission’s directive amounts to an unlawful attempt to regulate editorial judgment and suppress legitimate media expression.
In their suit, the organisations asked the court to determine whether the contested provisions violate Section 39 of the 1999 Constitution (as amended), which guarantees freedom of expression, as well as Nigeria’s obligations under international human rights instruments.
Justice Osiagor in his ruling, directed the NBC, its representatives, and affiliated parties to refrain from imposing fines, sanctions, or penalties on media organisations based on the disputed sections of the 6th Edition of the Broadcasting Code until the substantive matter is heard and decided.
The court scheduled June 1, 2026 for the hearing of the motion on notice.
Reacting to the ruling in a statement SERAP and NGE described the decision as a crucial step in safeguarding media independence and upholding democratic principles.
They noted that regulatory authority must operate within clearly defined constitutional boundaries and not be used as a tool for censorship.
SERAP and NGE maintain that journalism inherently involves analysis, commentary, and opinion, stressing that restricting such elements undermines the essence of a free press.
They further argued that the provisions in question lack clarity and grant regulators excessive discretion, creating room for arbitrary enforcement.
The groups warned that unchecked enforcement of these rules could negatively impact media coverage, particularly as the country approaches the 2027 general elections.
(Editor: Anoyoyo Ogiagboviogie)
