The Federal High Court in Lagos has dismissed a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) against the National Broadcasting Commission (NBC), the President of Nigeria, and the Minister of Information and Culture.

The suit challenged sanctions imposed on several media houses following the 2023 general elections.

In a ruling delivered by Justice Alexander Owoeye, the court held that SERAP lacked locus standi—the legal standing—to bring the case, rendering the suit incompetent and stripping the court of jurisdiction.

SERAP had contested NBC’s “last warning” to broadcast stations, which threatened license revocation and sanctions for airing content deemed “subversive,” “hateful,” or “inciting” in the tense post-election environment.

The organisation sought declarations that NBC’s actions violated constitutional and international rights to freedom of expression and access to information.

NBC’s counsel, Olanrewaju Osinaike, filed a preliminary objection citing multiple grounds for dismissal, chief among them that SERAP was not authorised to sue on behalf of the media houses affected, none of which were parties to the suit.

NBC also cited a previous related case decided in its favour in Abuja, arguing the current suit should be dismissed under res judicata.

Justice Owoeye ruled that while the parties and subject matter differed from the earlier case—negating res judicata—SERAP still lacked the required legal standing to pursue the suit.

The judge stressed that without locus standi, the court cannot hear the case, and therefore struck out the claim.

SERAP had based its arguments on constitutional provisions and international treaties such as Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights.

It warned that NBC’s use of vague terms risked arbitrary censorship and violated press freedom.

NBC defended its actions as within its statutory mandate under the National Broadcasting Commission Act to regulate broadcasting and maintain public order.

The Commission noted SERAP failed to show any personal harm or obtain consent from the affected media outlets before filing.

Justice Owoeye agreed, concluding SERAP lacked sufficient legal interest to sustain the claim and struck out the case, ordering each party to bear its own costs.