Court Bars NBC from Implementing Sanctions Against Broadcast Stations
The Federal High Court sitting in Lagos has granted an injunction restraining the National Broadcasting Commission (NBC) from implementing its recently issued ‘Formal Notice’ to threaten, sanction or...
The Federal High Court sitting in Lagos has granted an injunction restraining the National Broadcasting Commission (NBC) from implementing its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
Justice Daniel Osiagor, of the High Court, granted the interim injunction following a motion and an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) through Adeyinka Olumide-Fusika, SAN, who argued the motion.
The National Broadcasting Commission, last month, released a statement to issue a warning to broadcasters, stating that it has observed the rising cases of unethical conduct and breaches of the NBC code across broadcasting stations in the country, noting that most presenters are violating their obligations to inform the public with accuracy, balance and professionalism, and cautioning that continued violations of the Nigerian Broadcasting Code would be met with sanctions.
The warning attracted varied reactions among Nigerians and civil society organisations, who frowned at the development, stating that the directive was unlawful and attempting to threaten to press freedom and an effort to silence the media and limit free expression in Nigeria.
In its actions to force NBC to stop implementing the formal notice, SERAP instituted a lawsuit marked FHC/L/CS/854/2026, which was filed on April 24, 2026, by SERAP and NGE, who described the NBC directive as “arbitrary, unconstitutional, and illegal, asking the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.”
The document further reads, “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.
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void. The Nigerian Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. Provisions that are vague and overly broad unlawfully restrict freedom of expression and must be struck down.
“Under Article 27 of the Vienna Convention on the Law of Treaties, a state may not invoke the provisions of its internal law as justification for its failure to perform international treaties, including the human rights treaties to which Nigeria is a state party.
“The Nigerian Broadcasting Code, as subsidiary legislation, is subject to the Nigerian Constitution and cannot override fundamental rights. Its vague and overly broad provisions grant excessive discretion and undermine freedom of expression. Such impermissible restrictions are unconstitutional and should be struck down.”
Giving the order of interim injunction on the matter, Justice Osiagor said, “It is hereby ordered as follows: THAT AN ORDER OF INTERIM INJUNCTION is granted restraining the Defendant, its Officers, agents, privies, assigns, associates, or any other person or group of persons from enforcing, imposing sanctions, or levying fines on any broadcasting station based on the provisions of Sections 1.10.3, 3.3.1 (b), 3.4.1 (b), 5.3.3(b), 3.1.1, 3.11.1(a), 5.4.1 (f), 3.11.1 (b), and 5.5.1 (b) of the 6th Edition of the Nigeria Broadcasting Code pending the hearing and determination of the Motion on Notice for an order of interlocutory injunction filed simultaneously in this suit,” the court ruled.”
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