Court Restrains NBC From Sanctioning Broadcasters

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A Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning broadcast stations under contested provisions of the Nigeria Broadcasting Code.

Justice Daniel Osiagor granted the interim injunction following an ex parte application filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors.

The court order, dated May 4, 2026, bars the NBC, its officers, agents and affiliates from enforcing or imposing fines on broadcast stations based on several sections of the 6th Edition of the Broadcasting Code, pending determination of a motion on notice.

The disputed provisions include 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 ruling effectively halts enforcement of a recent NBC notice that warned broadcasters against presenting personal opinions as facts, intimidating guests, or failing to maintain neutrality.

The case, filed as FHC/L/CS/854/2026, was instituted on April 24, 2026, by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors, who described the NBC directive as arbitrary and unconstitutional.

They argued that the provisions of the Broadcasting Code being enforced are vague and overly broad, and that they infringe on constitutionally guaranteed freedom of expression.

The plaintiffs maintained that journalism includes opinion, commentary and analysis, insisting that attempts to restrict such expressions could undermine democratic discourse.

They further warned that enforcement of the code could lead to self-censorship and weaken media oversight, particularly ahead of the 2027 general elections.

The organisations also argued that the Broadcasting Code, as subsidiary legislation, cannot override constitutional protections or Nigeria’s international human rights obligations.

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

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