The National Broadcasting Commission (NBC) has filed an appeal against a Federal High Court ruling against the implementation of its threat to sanction broadcast stations and presenters accused of expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.
NPO Reported that the NBC had in its revised Broadcasting Code of Conducts introduced new provisions including sanctions and censorship of radio and television broadcast stations as well as any presenter found culpable of the aforementioned offences.
The development had led to an ex parte motion filed against the commission by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
SERAP and NGE had in their lawsuit challenged what they described as: “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain “neutrality.”
The suit questions whether several provisions of the 6th Edition of the Nigeria Broadcasting Code are inconsistent with the Nigerian Constitution and the country’s international human rights obligations.
At the hearing of the case at the Federal High Court in Ikoyi, Lagos, on the 4th of May 2026, the presiding judge, Justice Daniel Osiagor, granted an order of interim injunction stopping the NBC from sanctioning broadcasters under certain provisions of the Code.
SERAP, in a statement issued on Thursday, disclosed that NBC had decided to challenge the court’s ruling before the Appeal Court.
This, according to the group, raises fresh and serious concerns about the protection of civic space, media freedom, and the right to freedom of expression in Nigeria.
The NBC’s Notice of Appeal dated 8th May 2026, reportedly stated that “…the Appellant being dissatisfied with the decision of the Federal High Court (Per Hon. Justice D.E. Osiagor) sitting at Lagos contained in the Ruling of the Court delivered on 4th May 2026 doth hereby appeal to the Court of Appeal, Lagos upon the grounds set out… and will at the hearing of the Appeal seek the reliefs set out…”
The commission further indicated that it is challenging: “The Whole Decision” of the Court and is seeking: “(a) An Order allowing the Appellant’s appeal. (b) An order setting aside the entire decisions contained in the Ruling of the trial Court… delivered on 4th May 2026.”
The appeal includes grounds alleging that the trial Court: “failed to evaluate the evidence on record and consider the submissions…” and erred in granting the application: “as prayed”.
Reacting to the development, SERAP disclosed that it had alongside the NGE instructed their lawyers to take all necessary legal steps to respond to the NBC’s notice of appeal.
SERAP and NGE charged the legal counsels to oppose the appeal while reaffirming their commitment to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria.
“We have instructed our lawyers to immediately take all necessary legal steps to respond to the NBC’s Notice of Appeal and to vigorously defend the decision of the Federal High Court.”
“These steps will include opposing the appeal and ensuring that the interim injunction remains in force pending the determination of the motion on notice.”
“We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria.”
“We will continue to pursue all available legal avenues to ensure that regulatory powers are exercised within constitutional limits and in full compliance with Nigeria’s international human rights obligations.” The statement read further.
Meanwhile, the case has been adjourned to 1 June 2026 for the hearing of the motion on notice.