Court restrains NBC from sanctioning broadcast stations

A Federal High Court in Lagos has ordered the National Broadcasting Commission (NBC) to suspend enforcement actions against broadcast stations under certain disputed provisions of the Nigeria Broadcasting Code.

Justice Daniel Osiagor granted the interim injunction following an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

In the ruling dated May 4, 2026, the court restrained the NBC, its officials, and agents from imposing sanctions or fines on broadcasters based on the contested sections of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing of a motion on notice.

The order effectively halts the commission’s recent directive warning broadcasters against presenting opinions as facts, intimidating guests, or failing to maintain neutrality in their programming.

The suit, marked FHC/L/CS/854/2026 and filed on April 24, 2026, challenges the legality of the provisions relied upon by the NBC. SERAP and NGE described the regulations as “arbitrary, unconstitutional, and unlawful.”

In their filings, the groups argued that the provisions are vague and overly broad, contending that they violate the constitutional right to freedom of expression.

They further told the court that without judicial intervention, the NBC would continue to use the rules to penalise broadcast stations and journalists for carrying out their professional responsibilities.

The plaintiffs maintained that journalism inherently involves opinion, noting that the right to share ideas includes commentary and analysis, which are essential to democratic engagement.

They also warned that enforcing the provisions could create a chilling effect on the media, leading to self-censorship and weakening the watchdog role of the press, particularly as the country approaches the 2027 general elections.

Additionally, SERAP and NGE argued that the Broadcasting Code, as a subsidiary regulation, cannot override the provisions of the Nigerian Constitution or the country’s international human rights obligations.

The case has been adjourned to June 1, 2026, for the hearing of the motion on notice.