The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have initiated legal action against the National Broadcasting Commission (NBC) over what they describe as an arbitrary and unconstitutional threat to sanction broadcast stations and presenters. The lawsuit challenges the NBC's 'Formal Notice' which warns against expressing personal opinions as facts, bullying guests, or failing to maintain neutrality.
Background of the Dispute
The NBC had recently issued a notice threatening sanctions against broadcasters who allegedly breach the 6th Edition of the Nigeria Broadcasting Code, citing an increase in violations across news, current affairs, and political programmes. In response, SERAP and NGE filed suit number FHC/L/CS/854/2026 at the Federal High Court in Lagos, seeking a declaration that the contested provisions are inconsistent with the Nigerian Constitution and international human rights obligations.
Legal Arguments
The plaintiffs argue that the provisions in question are vague and overly broad, constituting a fundamental breach of freedom of expression and media freedom. They contend that journalistic opinion is protected expression under Section 39 of the Nigerian Constitution, Article 9 of the African Charter on Human and Peoples' Rights, and Article 19 of the International Covenant on Civil and Political Rights.
Human rights lawyer Femi Falana (SAN) leads the legal team representing SERAP and NGE. The originating summons and supporting affidavits emphasize that value judgments are not susceptible to proof and enjoy heightened protection, and that journalism necessarily includes analysis and commentary.
Specific Provisions Challenged
The lawsuit targets several sections of the 6th Edition of the Nigeria Broadcasting Code, including 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). The plaintiffs argue that these provisions impose a blanket prohibition on presenters expressing opinions, amounting to prior restraint that impermissibly excludes commentary and analysis.
Reliefs Sought
SERAP and NGE are asking the court for several declarations and orders, including:
- A declaration that the cited sections breach constitutional and international rights to freedom of expression and access to information.
- A declaration that the provisions are overbroad, vague, and unlawful.
- An order nullifying and setting aside the contested sections.
- A perpetual injunction restraining the NBC from enforcing the provisions or imposing sanctions based on them.
The plaintiffs also seek an interim injunction to halt sanctions pending the hearing of the motion on notice. They argue that the NBC's enforcement posture creates a chilling effect on journalists and undermines democratic discourse, especially ahead of the 2027 general elections.
No date has been fixed for the hearing of the interim application or the substantive suit.
