A Federal High Court sitting in Lagos State has restrained the National Broadcasting Commission (NBC) from using its recently issued “Formal Notice” to threaten, sanction, or punish broadcast stations and presenters over expressed opinions.
Gatekeepers News reports that the order also prevents the commission from penalising broadcasters for allegedly expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
Justice Daniel Osiagor granted the interim injunction on Monday 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 case was argued on their behalf by lawyer Adeyinka Olumide-Fusika (SAN).
The suit challenges what the applicants described as an arbitrary and unlawful attempt by the NBC to sanction broadcasters under provisions of the Nigeria Broadcasting Code.
SERAP and the NGE asked the court to determine whether sections of the Broadcasting Code relied upon by the NBC are inconsistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
In his ruling delivered on May 4, 2026, Justice Osiagor ordered:
“That an order of interim injunction is granted restraining the defendant (NBC), its officers, agents, privies, assigns, associates or any other person or group of persons from enforcing, imposing sanctions, or levying fines on any broadcasting station 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 pending the hearing and determination of the Motion on Notice…”
The matter was adjourned to June 1, 2026, for hearing of the motion on notice.
In their suit, SERAP and NGE argued that unless the court intervened, the NBC would continue to use provisions of the Broadcasting Code to threaten and sanction broadcasters for carrying out their constitutional duties.
They maintained that both the Nigerian Constitution and international human rights law protect the right to hold opinions and express ideas, including commentary and analysis, which are central to journalism.
Their court filings stated that:
“Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary.”
They further argued that a blanket prohibition on personal opinions by presenters amounts to unlawful restriction of freedom of expression.
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void… The NBC’s claim of a ‘crisis of anchor and presenter professionalism’ is legally insufficient to justify restriction of freedom of expression,” the filings added.
SERAP and NGE also welcomed the ruling, describing it as a major win for media freedom.
In a joint statement, they said the decision reinforces the principle that regulatory agencies must operate within constitutional limits and urged the NBC to comply immediately with the court’s order.
