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 “arbitrary, unconstitutional, and unlawful” threat to sanction broadcast stations and presenters.
PrimeTimes Nigeria reports that the development was disclosed in a statement on Sunday jointly signed by SERAP Deputy Director, Kolawole Oluwadare, and the General Secretary of the Guild, Onuoha Ukeh.
The suit, marked FHC/L/CS/854/2026 and filed at the Federal High Court in Lagos on April 24, 2026, is challenging the NBC’s recent directive cautioning broadcasters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.
SERAP and the editors’ guild argued that the provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the commission are “vague and overly broad.”
They maintained that the provisions amount to “a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution.”
In the originating processes before the court, the plaintiffs warned that unless the court intervenes, the NBC would continue to use the provisions to intimidate journalists.
“Unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights,” they said.
The groups further argued that journalistic practice inherently involves analysis and commentary, rejecting the NBC’s stance on neutrality as overly restrictive.
“The right to impart ideas necessarily includes opinions, commentary, and analysis,” they stated.
“Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse.”
‘Broadcasting Code Cannot Override Constitution’
Challenging the legality of the directive, the plaintiffs stressed the supremacy of the Constitution over subsidiary legislation.
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” they argued.
They added that the Broadcasting Code, being a subsidiary instrument, “cannot override constitutional rights or exceed its enabling Act.”
SERAP and the editors warned that the NBC’s approach could stifle press freedom and weaken democratic engagement, especially ahead of the 2027 general elections.
“The blanket prohibition imposed by Section 1.10.3… amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments, the core of journalism and democratic discourse,” they said.
They further noted that the threat of sanctions could create a climate of fear within the media.
“The threat creates a chilling effect on journalists and broadcasters,” they added, warning it could lead to self-censorship and undermine the watchdog role of the media.
The plaintiffs are asking the court to declare several provisions of the Broadcasting Code unconstitutional and to restrain the NBC from enforcing sanctions based on those provisions.
The suit is being led by prominent human rights lawyer, Femi Falana (SAN), who is representing SERAP and the Nigerian Guild of Editors.
As of the time of filing this report, no date has been fixed for the hearing of both the interim application and the substantive suit.