You can’t punish broadcasters for expressing opinions – Court tells NBC

Justice Daniel Osiagor of the Federal High Court in Lagos has stopped the National Broadcasting Commission (NBC) from “using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for expressing personal opinions as facts, b#llying or intimidating guests, or failing to maintain neutrality.”

The judge granted an order of interim injunction following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

The ruling followed a lawsuit filed by SERAP and NGE challenging what they described as “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts” , “bullying or intimidating guests,” or failing to maintain “neutrality.”  In April, the NBC in a statement released said it had observed a rise in violations of the sixth edition of the Nigeria Broadcasting Code across news, current affairs and political programmes. It warned that presenters who express personal opinions as facts or bully guests on air will face sanctions.

SERAP and NGE had, in the lawsuit, asked the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian 1999 Constitution (as amended) and the country’s international human rights obligations.”

In his ruling, Justice Osiagor ordered that the NBC, its officers, agents, or any affiliated persons be restrained from imposing sanctions, fines, or other penalties on broadcasting stations based on several contested provisions of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the substantive suit.

The case has been adjourned to June 1, 2026 for the hearing of the motion on Notice.