Nigeria’s National Broadcasting Commission (NBC) has filed an appeal against a Federal High Court ruling stopping it from using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for purportedly “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.” The……
Nigeria’s National Broadcasting Commission (NBC) has filed an appeal against a Federal High Court ruling stopping it from using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for purportedly “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”
The push by the National Broadcasting Commission (NBC) to enforce the controversial provisions of the Nigeria Broadcasting Code raises fresh and serious concerns about the protection of civic space, media freedom, and the right to freedom of expression in Nigeria.
Justice Daniel Osiagor recently granted an order of interim injunction stopping the NBC from sanctioning broadcasters under certain provisions of the Code following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
https://x.com/SERAPNigeria/status/2054939574112072081?s=20
The case was argued on behalf of SERAP and NGE by their lawyer, Adeyinka Olumide-Fusika, SAN.
But in its Notice of Appeal dated 8th May 2026, the NBC stated, in part: “TAKE NOTICE 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 NBC 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”.
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.
In a ruling delivered on 4 May 2026, Justice Daniel Osiagor granted an interim injunction in favour of SERAP and NGE, ordering as follows:
“That an order of interim injunction is granted restraining the Defendant [NBC], its Officers, agents, privies, assigns, associates or any other person or group of persons 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 pending the hearing and determination of the Motion on notice…”
SERAP and NGE maintain that: “The Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds. Journalistic opinion is protected expression.”
SERAP and NGE said, “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 case has been adjourned to 1 June 2026 for the hearing of the motion on notice.