The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC) at the Federal High Court in Lagos, challenging what they describe as an arbitrary directive issued to broadcasters and presenters over alleged breaches of the Nigeria Broadcasting Code.
The case, marked FHC/L/CS/854/2026, seeks the court’s interpretation of several provisions in the 6th Edition of the Broadcasting Code, which the plaintiffs argue are overly broad, unclear, and inconsistent with constitutional protections for freedom of expression, opinion, and access to information.
The NBC had recently warned broadcasters against presenting personal opinions as factual news, engaging in behaviour considered as harassment of guests, and failing to maintain neutrality, citing violations of its regulatory standards. However, SERAP and the NGE contend that the directive constitutes an unjustified restriction on journalistic practice.
They argue that editorial opinions and value judgments are essential components of journalism and are protected under both Nigerian law and international human rights instruments.
The plaintiffs further maintain that the contested provisions lack clear definitions, making them open to subjective interpretation and potential misuse against media practitioners.
They also warn that the regulatory approach could have a chilling effect on press freedom, particularly if enforced strictly ahead of the 2027 general elections, thereby limiting the diversity of public discourse.
According to them, the NBC cannot justify such restrictions based on perceived professional shortcomings within the media sector, as doing so risks undermining free expression and democratic engagement.
In their suit before the Lagos Division of the Federal High Court, the applicants are seeking a declaration that the disputed sections of the Broadcasting Code are unconstitutional due to vagueness and inconsistency with rights guaranteed under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.
They are also asking the court to nullify the provisions and issue a perpetual injunction restraining the NBC or any other authority from imposing sanctions, fines, or disciplinary actions based on the challenged sections.
No date has been fixed for the hearing of the case.
