NBC Barred From Penalising Broadcasters for Opinions as Court Grants SERAP, NGE Injunction

The National Broadcasting Commission (NBC) has been stopped by a Federal High Court in Lagos from enforcing parts of its Broadcasting Code to sanction or intimidate broadcasters over the expression of personal opinions.

Justice Daniel Osiagor issued an interim injunction on Monday following an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), represented by Adeyinka Olumide-Fusika, SAN.

The suit challenges NBC’s use of provisions in the 6th Edition of the Nigeria Broadcasting Code, which SERAP and NGE say are being applied to punish broadcasters for “expressing personal opinions as facts,” “bullying guests,” or failing to remain neutral.

The court ruled:

“That an order of interim injunction is granted restraining the Defendant [NBC]… 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…”

The matter was adjourned to June 1, 2026, for hearing of the motion on notice.

SERAP and NGE described the ruling as “a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria,” adding that regulatory powers must remain within constitutional limits.

They further argued that:

“Journalistic opinion is protected expression.”

“Value judgments are not susceptible of proof and enjoy heightened protection.”

They also insisted that restrictions imposed by NBC are “vague, overly broad, and unconstitutional,” warning that they could lead to self-censorship and weaken democratic accountability.

The organisations maintained that under both domestic and international law, including Section 39 of the Constitution and Article 19 of the ICCPR, Nigerians have the right to “receive and impart ideas and information without interference.”

They urged NBC to comply fully with the court’s order while the substantive case continues.

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