Court Restrains NBC From Sanctioning Broadcast Stations

A Federal High Court in Lagos has restrained the National Broadcasting Commission from sanctioning broadcast stations under certain provisions of the Nigeria Broadcasting Code described as controversial.

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.

In the order dated May 4, 2026, the court restrained the commission, its officers and agents from enforcing or imposing sanctions on broadcast stations based on the disputed sections of the 6th Edition of the Nigeria Broadcasting Code, pending the determination of a motion on notice.

“It is hereby ordered as follows: THAT AN ORDER OF INTERIM INJUNCTION is granted restraining the Defendant, 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 court ruled.

The ruling effectively halts the commission’s recent “Formal Notice” which warned broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
The suit, marked FHC/L/CS/854/2026, was filed on April 24, 2026, by SERAP and the Nigerian Guild of Editors, who described the NBC’s directive as “arbitrary, unconstitutional and unlawful.”

In their filings, the plaintiffs argued that the provisions relied upon by the NBC are “vague and overly broad,” adding that they infringe on constitutionally guaranteed freedom of expression.
They warned the court that unless restrained, the commission would continue to “threaten and sanction broadcast stations and presenters” for carrying out their professional duties.

The groups further maintained that journalism inherently accommodates opinion.

“The right to impart ideas necessarily includes opinions, commentary and analysis,” they argued, stressing that such elements are central to democratic discourse.

SERAP and NGE also raised concerns that the NBC’s stance could create a chilling effect within the media space, leading to self-censorship and weakening the watchdog role of the press.
They warned that such a development could have far-reaching implications, particularly as the country approaches the 2027 general elections.

The plaintiffs also contended that the Broadcasting Code, being a subsidiary legislation, cannot override the provisions of the Nigerian Constitution or international human rights obligations binding on the country.

Justice Osiagor subsequently adjourned the case to June 1, 2026, for the hearing of the motion on notice.
The interim order is expected to remain in force pending the court’s decision on whether to grant a full interlocutory injunction.