The National Broadcasting Commission (NBC) has been sued by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) in the Federal High Court in Lagos for allegedly issuing an arbitrary directive that warned presenters and broadcasters about alleged violations of the Nigeria Broadcasting Code.
The lawsuit, which was filed under case number FHC/L/CS/854/2026, asks the court to interpret a number of the Broadcasting Code’s sixth edition’s provisions. The plaintiffs contend that these provisions are ambiguous, unduly broad, and incompatible with the constitution’s guarantees of freedom of expression, opinion, and information access.
Citing violations of its regulatory code, the NBC recently warned broadcasters not to present personal opinions as factual reporting, act in a way that could be interpreted as bullying guests, or fail to maintain neutrality. The plaintiffs, however, maintain that the directive amounts to an excessive limitation on the practice of journalism.
The Nigerian Guild of Editors and SERAP contend that editorial opinions and value judgments are essential to journalism and are protected forms of expression under both domestic and international human rights treaties.
Additionally, they argued that the regulatory framework’s inability to precisely define forbidden behavior created ambiguity that might permit arbitrary enforcement against media professionals.
Additionally, the plaintiffs contend that the National Broadcasting Commission cannot defend the limitations by citing purported professional failings in the media sector, cautioning that doing so might stifle free speech.
They contend that enforcing the disputed provisions could limit the diversity of public discourse and undermine democratic engagement, especially in the run-up to the general elections in 2027.
The Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights all provide fundamental rights protections. They are requesting in their application before the Federal High Court Lagos that the Broadcasting Code’s contested sections be declared unconstitutional due to their ambiguity.
Additionally, they are asking for a permanent injunction prohibiting the NBC or any other authority from enforcing penalties, fines, or disciplinary actions based on the contested sections, as well as an order nullifying the provisions.
The case has not yet been scheduled for a hearing.
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