Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a landmark lawsuit against the National Broadcasting Commission (NBC) over what they describe as an "arbitrary, unconstitutional, and unlawful" directive threatening to sanction broadcast stations and presenters for expressing personal opinions, bullying guests, or failing to maintain neutrality. The suit, marked FHC/L/CS/854/2026 and filed last Friday, April 24, 2026, at the Federal High Court in Lagos, challenges the NBC's recent "Formal Notice" which warned of stricter enforcement of the 6th Edition of the Nigeria Broadcasting Code, citing a sustained increase in breaches across news, current affairs, and political programming.
The NBC's notice, issued on April 17, 2026, particularly targeted Section 1.10.3 of the code, which requires that a presenter shall not express his or her opinion in a programme as a matter of professional standard. The commission warned that any anchor found expressing personal opinion as fact, bullying or intimidating a guest, or denying a fair hearing to opposing views would be deemed to have committed a Class B breach and face sanctions. As Nigeria approaches the 2027 general elections, the NBC had indicated it would enforce strict compliance with every provision of the code, focusing on regulations relating to fairness, accuracy, hate speech, incitement, and respect for constitutional bodies.
SERAP and the NGE, in their originating summons, ask the court to determine whether the provisions of the Broadcasting Code relied upon by the NBC are inconsistent with the Nigerian Constitution 1999 (as amended) and the country's international human rights obligations. They are seeking a declaration that the relevant provisions are vague and overly broad, constituting a fundamental breach of freedom of expression and media freedom guaranteed by the Constitution and international human rights standards. The plaintiffs are also seeking an interim injunction restraining the NBC and its agents from imposing sanctions based on the contested provisions, pending the determination of the substantive suit. They argue that unless the reliefs sought are granted, the NBC will continue to use the code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities.
The suit, which will be led by renowned human rights lawyer Femi Falana (SAN), argues that journalism inherently includes opinion, commentary, and analysis, and that a blanket prohibition on the expression of personal opinions by anchors and presenters amounts to an impermissible restriction on the right to impart ideas. According to the originating processes, "Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary." They further argue that the Nigerian Constitution is the supreme law, and any law inconsistent with it is null and void, adding that the Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. They also invoke Article 27 of the Vienna Convention on the Law of Treaties, which prevents a state from using its internal law as justification for failing to perform international treaties, including the human rights treaties to which Nigeria is a party.
The legal action follows a series of public condemnations of the NBC's directive by civil society, opposition figures, and media stakeholders. Former Vice President Atiku Abubakar described the notice as "yet another troubling attempt to muzzle the media and shrink the space for free expression in Nigeria," accusing the government of being more interested in controlling the narrative than in ensuring a free and fair electoral process. Amnesty International also condemned the directive, describing it as an "outrageous and desperate attempt to impose prior censorship on the media and suppress legitimate journalistic expression." SERAP itself had earlier given President Bola Tinubu a 48-hour ultimatum to withdraw the directive, describing it as "unlawful, vague, and repressive," and a "dangerous attempt to impose prior censorship" ahead of the 2027 elections.
The Nigerian Guild of Editors, in a statement issued on April 21, 2026, by its President Eze Anaba and General Secretary Onuoha Ukeh, described the move as dangerous and injurious to journalism, warning that it could undermine press freedom and editorial independence. The editors noted that while the NBC may be aiming to enforce professionalism, its position appeared "vague and open to multiple interpretations, creating room for misuse and selective application." They emphasised that the role of broadcast presenters is to ask probing questions, challenge inconsistencies, and demand clarity in the public interest. "Journalists are not lawbreakers," the statement read. "They are trained professionals guided by enduring ethical standards, including the principle that 'comment is free, but facts are sacred'."
The NBC, for its part, has maintained that its directive is aimed at ensuring ethical standards, curbing misinformation, and preventing the use of airwaves to propagate inflammatory or divisive content. The commission has expressed concern that some platforms are being used to amplify social tensions rather than inform the public accurately. As Nigeria enters a critical electoral period, the NBC has insisted that the airwaves must not be used to propagate misinformation, and that editorial responsibility remains the sole burden of the broadcaster, not the guests. However, critics argue that the vague definitions of terms such as "bullying" and "intimidation" leave room for subjective enforcement and could be weaponised against journalists who engage in legitimate, rigorous questioning of public officials.
No date has yet been fixed for the hearing of the interim application or the substantive suit. Legal observers note that the outcome of the case could have far-reaching implications for media freedom in Nigeria, particularly as the country heads into the 2027 election cycle. The suit represents a significant moment in the ongoing tension between regulatory oversight and constitutional guarantees of free expression, with the plaintiffs arguing that a balanced and democratic society requires a press that can operate without fear of arbitrary sanctions for expressing reasoned opinion.
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