The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission over what they described as an “arbitrary, unconstitutional, and unlawful” threat to sanction broadcast stations and presenters.
This was disclosed in a Sunday statement jointly signed by SERAP Deputy Director, Kolawole Oluwadare, and General Secretary of the Nigerian Guild of Editors, Onuoha Ukeh.
The suit, marked FHC/L/CS/854/2026 and filed at the Federal High Court in Lagos on April 24, 2026, challenges the NBC’s recent directive warning broadcasters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.
In the originating processes, SERAP and NGE argued that the provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC are “vague and overly broad” and “constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution.”
The groups told the court that, “Unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights.”
They further contended that journalistic work inherently includes opinion, noting that, “The right to impart ideas necessarily includes opinions, commentary, and analysis,” adding that, “Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse.”
Challenging the legality of the NBC’s position, the plaintiffs argued that, “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” stressing that the Broadcasting Code, as subsidiary legislation, “cannot override constitutional rights or exceed its enabling Act.”
They also warned that the NBC’s approach could stifle media freedom, stating, “The blanket prohibition imposed by Section 1.10.3… amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments, the core of journalism and democratic discourse.”
On the broader implications, SERAP and NGE argued that the regulatory move risks suppressing democratic engagement, noting that, “Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”
They added that the threat of sanctions “creates a chilling effect on journalists and broadcasters,” potentially leading to self-censorship and weakening the media’s watchdog role.
The plaintiffs are seeking, among other reliefs, a declaration that several provisions of the Broadcasting Code are unconstitutional, as well as an injunction restraining the NBC from enforcing sanctions based on those provisions.
It was also stated that Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and NGE in the case, while no date has been fixed for the hearing of the interim application and the substantive suit.
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