The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors have dragged the National Broadcasting Commission (NBC) before the Federal High Court in Lagos over an alleged arbitrary notice threatening sanctions against broadcasters and presenters.
The NBC had recently warned against expressing personal opinions as facts, bullying guests, or failing neutrality, citing breaches of the Nigeria Broadcasting Code.
In the case marked FHC/L/CS/854/2026, SERAP and NGE are seeking a court declaration that parts of the code are vague, overly broad, and violate constitutional and international human rights.
The Plaintiffs are also urging the court to issue an injunction preventing NBC from imposing sanctions under these provisions while the case is ongoing.
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The plaintiffs contend that constitutional and international laws safeguard the right to hold opinions and freely express ideas, including journalistic commentary, and that NBC's restrictions pose a threat to free speech and democracy.
They further argued that value judgments, protected under law, are a key part of journalism and that a ban on expressing personal opinions unlawfully limits free speech.
SERAP and NGE further asserted that the Broadcasting Code cannot override constitutional rights or exceed its legal powers, and that the NBC's claim of a professionalism crisis is insufficient grounds to restrict free expression.
The plaintiffs warn that the NBC notice, especially before the 2027 elections, could harm democratic rights by limiting access to diverse information and debate.
They are asking the court to declare that 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, by reason of their vagueness and imprecision, constitute a breach of the rights to freedom of expression and opinion and access to information as guaranteed by the Nigerian Constitution and the country's international human rights obligations.
"A declaration that 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 are overbroad, vague and fail to provide citizens and broadcasting stations with sufficient notice of what constitutes a breach, and are consequently unlawful, unconstitutional, null and void.
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"An order of the Court nullifying and setting aside 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 for being inconsistent with, and amounting to a fundamental breach of the rights to freedom of expression and opinion, and access to information as guaranteed under the Nigerian Constitution, the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.
"An order of perpetual injunction restraining the NBC, whether jointly or severally or any other authority, person or group of persons from enforcing, imposing sanctions, or levying fines on broadcast stations and presenters 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. No date has been fixed for the hearings.
