ABUJA, Nigeria (VOICE OF NAIJA)-The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have taken legal action against the National Broadcasting Commission, accusing it of issuing an “arbitrary, unconstitutional, and unlawful” threat to penalise broadcast stations and presenters.
This was revealed in a statement released on Sunday and jointly signed by SERAP Deputy Director, Kolawole Oluwadare, and the General Secretary of the Nigerian Guild of Editors, Onuoha Ukeh.
The case, marked FHC/L/CS/854/2026, was filed at the Federal High Court in Lagos on April 24, 2026. It challenges a recent NBC directive cautioning broadcasters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and not maintaining neutrality.
In their court filings, SERAP and NGE argued that provisions in the 6th Edition of the Nigeria Broadcasting Code cited 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.”
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They 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.”
The groups also maintained that journalism naturally involves opinion, stating that, “The right to impart ideas necessarily includes opinions, commentary, and analysis,” and 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.”
Questioning the legality of the NBC’s stance, the plaintiffs argued that, “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” emphasising that the Broadcasting Code, as subsidiary legislation, “cannot override constitutional rights or exceed its enabling Act.”
They further warned that the NBC’s approach could undermine press freedom, noting that, “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 wider implications, SERAP and NGE cautioned that the regulatory action could suppress democratic participation, stating 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,” which could encourage self-censorship and weaken the media’s watchdog function.
Among the reliefs sought, the plaintiffs are asking the court to declare certain provisions of the Broadcasting Code unconstitutional and to restrain the NBC from enforcing sanctions based on those provisions.
The statement also noted that human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and NGE, while no date has yet been set for the hearing of either the interim application or the substantive suit.