The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC), challenging what they describe as an “arbitrary, unconstitutional and unlawful” directive warning broadcast stations and presenters against expressing personal opinions, bullying guests, or failing to remain neutral.
The NBC had recently issued a notice threatening sanctions over alleged breaches of the Nigeria Broadcasting Code, including expressing opinions as facts and intimidation of guests, citing rising violations across news and political programmes.
In suit number FHC/L/CS/854/2026 filed at the Federal High Court in Lagos, the groups are asking the court to determine whether parts of the Broadcasting Code used by the NBC are inconsistent with the 1999 Constitution and Nigeria’s international human rights obligations.
They argue that several provisions are vague, overly broad, and violate freedom of expression and media freedom. They are also seeking an interim injunction to stop the NBC from imposing sanctions while the case is pending.
SERAP and NGE insist that journalism includes opinion, commentary, and analysis, which are protected forms of expression, and argue that the NBC’s restrictions amount to unlawful prior censorship and threaten editorial independence.
The lawsuit, led by senior advocate Femi Falana (SAN), also argues that the Broadcasting Code cannot override constitutional rights and that sanctions based on unclear rules would create a chilling effect on journalism.
They are seeking declarations that multiple sections of the code are unconstitutional, null and void, and an order permanently restraining the NBC from enforcing them.
No date has been fixed for the hearing.