A Federal High Court in Lagos has issued an interim injunction that effectively barred the National Broadcasting Commission (NBC) from punishing broadcasters for expressing personal opinions or failing to maintain what the commission deems “neutrality.”
The presiding judge, Justice Daniel Osiagor granted the order on May 4, 2026, following a lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE). The ruling directly challenges NBC’s recent attempts to tighten its grip on televised and radio commentary through its controversial “Formal Notice.”
The legal dispute began after NBC issued a directive warning media houses against presenting “personal opinions as facts” and “intimidating guests.”
SERAP and the NGE argued that these provisions were not only vague but were being used as a tool for political censorship.
By granting this injunction, the court barred NBC from punishing broadcasters under nine specific sections of the 6th Edition of the Nigeria Broadcasting Code, which the plaintiffs labeled as unconstitutional.
In a joint statement on Wednesday, SERAP and NGE “welcome the ruling, which granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigeria Broadcasting Code used to threaten broadcasters and presenters.”
SERAP and NGE said, “This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s decision to restrain the NBC from enforcing these vague and overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits.”
The organisations also called on “the NBC to immediately comply with the court’s order.”
In a ruling delivered on 4 May 2026, Justice Daniel Osiagor said: “It is hereby ordered 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 for an order of interlocutory injunction filed simultaneously in this suit.”
The case has been adjourned to the 1st of June 2026 for the hearing of the motion on notice.
In the lawsuit, SERAP and NGE are arguing that: “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.”
SERAP and NGE are also arguing 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.”
The originating summons, motion exparte, motion on notice, and affidavit of urgency filed in court, read in part: “Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary.”
“The right to impart ideas necessarily includes opinions, commentary, and analysis. A blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction of this right.”
“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.”
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void. The Nigeria Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. Provisions that are vague and overly broad unlawfully restrict freedom of expression and must be struck down.”
“Under Article 27 of the Vienna Convention on the Law of Treaties, a State may not invoke the provisions of its internal law as justification for its failure to perform international treaties, including the human rights treaties to which Nigeria is a state party.”
“The Nigerian Broadcasting Code, as subsidiary legislation, is subject to the Nigerian Constitution and cannot override fundamental rights. Its vague and overly broad provisions grant excessive discretion and undermine freedom of expression. Such impermissible restrictions are unconstitutional and should be struck down.”
“The NBC’s claim of a ‘crisis of anchor and presenter professionalism’ as justification for restrictive measures is legally insufficient and cannot be a permissible ground of derogation from freedom of expression. Any limitation on the rights must be reasonably justifiable in a democratic society.”
“The blanket prohibition imposed by Section 1.10.3 of the Nigeria Broadcasting Code, which prohibits presenters from expressing opinions. This amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments—the core of journalism and democratic discourse.”
“Section 1.10.3 amounts to a form of prior censorship or restraint. Such a blanket restriction fails the legal tests of legality, necessity, and proportionality required in a democratic society.”
