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) over what they described as an unlawful threat to sanction broadcast stations and presenters for expressing opinions on air.
The suit follows a recent formal notice issued by the NBC warning broadcasters against “expressing personal opinions as facts, “bullying or intimidating guests,” and failing to remain neutral during news, political and current affairs programmes. According to court documents, the case with suit number FHC/L/CS/854/2026 was filed last Friday at the Federal High Court in Lagos.
SERAP and NGE are asking the court to determine whether sections of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC violate the 1999 Constitution of Nigeria (as amended) and international human rights obligations.
The groups argued that the provisions used by the Commission are vague, overly broad and unconstitutional. SERAP and the editors’ body are asking the court to stop NBC from sanctioning television and radio stations, presenters and journalists while the case is being heard.
They also requested an interim injunction restraining the Commission, its agents or any authority acting on its behalf from imposing penalties based on the disputed code provisions.
According to the applicants, unless the court intervenes, NBC may continue to use the code to threaten broadcasters who are carrying out their constitutional duties.
Human rights lawyer, Mr Femi Falana (SAN) would lead a team of senior lawyers to represent SERAP and NGE in the lawsuit. In the suit, the applicants argued that journalists have the right to express opinions through commentary, analysis and professional judgment. They stated that freedom of expression includes the right to hold opinions and the right to share ideas without interference.
According to them, banning presenters from expressing opinions amounts to censorship and weakens democratic debate. They further argued that journalism naturally includes commentary, criticism and analysis, adding that value judgments cannot always be proven as facts.
The originating summons, motion exparte, motion on notice and affidavit of urgency filed in court, read in part: “Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary.”
