Court Suspends NBC Move to Sanction Broadcasters

The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from enforcing its recent directive that sought to sanction broadcast stations and presenters over alleged breaches tied to opinion expression, neutrality, and treatment of guests.

Justice Daniel Osiagor issued the interim order on Monday following an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), who challenged the legality of the NBC’s “Formal Notice” under the Broadcasting Code.

The order specifically bars the NBC, its officials, agents, or any persons acting under it from imposing fines, penalties, or disciplinary measures on media organisations based on provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the determination of the substantive suit.

The case, which has been fixed for hearing on June 1, 2026, centres on whether the NBC exceeded its regulatory authority by attempting to penalise broadcasters for expressing opinions or allegedly failing to maintain neutrality in their programming.

SERAP and NGE, represented by senior advocate Adeyinka Olumide-Fusika (SAN), are asking the court to determine whether the provisions relied upon by the NBC are inconsistent with Section 39 of the 1999 Constitution, which guarantees freedom of expression.

They also contend that the contested provisions of the Broadcasting Code are vague and overly broad, warning that such ambiguity could enable arbitrary enforcement and indirect censorship of the media.

In their joint suit, the groups argue that journalism inherently includes opinion, analysis, and commentary, insisting that attempts to penalise such content would undermine democratic discourse.

Justice Osiagor, in granting the interim injunction, held that the issues raised were substantial enough to warrant judicial consideration before any enforcement action could continue.

The court’s order maintains the status quo and prevents the NBC from taking further regulatory action on the disputed provisions until the substantive matter is resolved.

Following the ruling, SERAP and NGE welcomed the decision, describing it as an important safeguard for press freedom and constitutional governance.

In a joint statement signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Onuoha Ukeh, the organisations said the ruling reinforced the principle that regulatory agencies must operate within the limits of the Constitution.

“This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria,” the statement read.

They further argued that the right to freedom of expression includes opinion and commentary, stressing that a media space devoid of opinion would be unrealistic and undemocratic.

The groups also raised concerns that the NBC’s regulatory approach, if unchecked, could lead to self-censorship among journalists, particularly in the build-up to the 2027 general elections.

They urged the NBC to comply fully with the court order and review its regulatory framework to ensure alignment with constitutional and international human rights obligations.

SERAP and NGE reaffirmed their commitment to pursuing the case to its conclusion, insisting that a final determination was necessary to protect media independence and prevent regulatory overreach.

The organisations also called on public institutions to respect the constitutional role of the media as a watchdog in a democratic society.

The court’s decision marks a temporary setback for the NBC’s attempt to tighten oversight of broadcast content under the contested provisions of its code, pending final judicial interpretation.