Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The National Broadcasting Commission (NBC) has formally appealed a Federal High Court ruling that temporarily blocked it from sanctioning broadcast stations and presenters for expressing personal opinions as facts, bullying guests, or failing to maintain neutrality. In a Notice of Appeal dated May 8, 2026, the NBC asked the Court of Appeal, Lagos, to set aside the entirety of the interim injunction granted on May 4, 2026, by Justice Daniel Osiagor. The appeal, which could have far‑reaching consequences for media regulation in Nigeria, argues that the trial court erred in granting the injunction without properly evaluating the evidence or considering the submissions made by the commission. The NBC is seeking an order allowing its appeal and vacating all the decisions contained in the ruling of the Federal High Court.
The original lawsuit was filed by the Socio‑Eco nomic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), who challenged what they described as an arbitrary and unlawful attempt by the NBC to punish broadcasters for allegedly violating provisions of the 6th Edition of the Nigeria Broadcasting Code. The contested provisions include sections that forbid presenters from passing off personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality in political discussions. SERAP and NGE argued that these provisions are inconsistent with the Nigerian Constitution and the country’s international human rights obligations, which protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds.
On May 4, 2026, Justice Daniel Osiagor granted an interim injunction in favour of SERAP and NGE, restraining the NBC, its officers, agents, and associates from enforcing, imposing sanctions, or levying fines on any broadcasting station based on specific provisions of the Code pending the hearing and determination of the motion on notice. The affected provisions include 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). The ruling was a significant victory for media freedom advocates, who had warned that the provisions could be used to silence critical voices, especially in the lead‑up to the 2027 general elections.
In its Notice of Appeal, the NBC indicated that it is challenging the whole decision of the lower court. The grounds of appeal allege that the trial court failed to evaluate the evidence on record and to consider the submissions made by the commission before granting the application as prayed. The commission also argued that the court erred in law by granting an interim injunction that effectively prevented it from carrying out its statutory mandate. The appeal will be heard by the Court of Appeal, Lagos, and the case has been adjourned to June 1, 2026, for the hearing of the motion on notice.
SERAP and NGE have vowed to vigorously defend the Federal High Court’s decision. In a joint statement, the two organisations said they have instructed their lawyers to immediately take all necessary legal steps to respond to the NBC’s appeal and to ensure that the interim injunction remains in force pending the determination of the motion on notice. “We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria,” the statement read. “We will continue to pursue all available legal avenues to ensure that regulatory powers are exercised within constitutional limits and in full compliance with Nigeria’s international human rights obligations.”
The case was argued on behalf of SERAP and NGE by their lawyer, Adeyinka Olumide‑Fusika, a Senior Advocate of Nigeria. In the original motion, the applicants argued that the NBC’s formal notice was an arbitrary and unlawful attempt to sanction broadcasters without proper legal basis. They contended that the provisions of the Broadcasting Code, as applied, violated the fundamental rights of broadcasters to freedom of expression and the press, as guaranteed by Section 39 of the 1999 Constitution. The Federal High Court agreed, at least temporarily, by granting the interim injunction.
Legal analysts have noted that the appeal raises critical questions about the balance between media regulation and constitutional rights. The NBC is empowered under the National Broadcasting Commission Act to regulate broadcasting in Nigeria, but its powers are not absolute. The 6th Edition of the Nigeria Broadcasting Code has been criticised by civil society groups for its vague language, which they argue could be used to target stations critical of the government. The provisions on “neutrality” and the prohibition against “bullying” guests have been singled out as particularly problematic, because they could be interpreted subjectively and used to punish legitimate journalistic inquiry.
The appeal also comes at a time of heightened political tension ahead of the 2027 general elections. Media rights groups have expressed concern that the government may be seeking to use the NBC to control the narrative and suppress opposition voices. By appealing the interim injunction, the commission is signalling its determination to enforce the contested provisions, a move that could lead to a protracted legal battle that may not be resolved before the elections. SERAP and NGE have urged the Court of Appeal to uphold the Federal High Court’s ruling, arguing that any other outcome would have a chilling effect on media freedom and democratic discourse.
The NBC has not commented publicly on the appeal beyond the court filings. However, in its earlier statements, the commission had defended the contested provisions as necessary to maintain professionalism and prevent the spread of misinformation. The commission’s director‑general had argued that broadcasters must distinguish between news and opinion and that personal attacks disguised as commentary would no longer be tolerated. The court’s interim injunction temporarily halted the enforcement of those provisions, but the appeal means that the legal battle is far from over.
As the case moves to the Court of Appeal, the media community in Nigeria is watching closely. Broadcast stations and journalists have a direct stake in the outcome, as the enforcement of the contested provisions could affect how they report the news, conduct interviews, and express opinions on air. For now, the interim injunction remains in force, and the NBC is still barred from sanctioning stations based on the challenged sections of the Code. But with the appeal now filed, the legal uncertainty is likely to persist for months. The next key date is June 1, 2026, when the motion on notice will be heard. Until then, broadcasters can operate without fear of sanction under the contested provisions, but they do so under a judicial sword that could be lifted at any time.
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