Judge blocks NBC's plan to penalize television channels

A Federal High Court in Lagos has issued a restraining order, prohibiting the National Broadcasting Commission from taking action against broadcast stations under certain contentious provisions of the Nigeria Broadcasting Code.

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This interim injunction was granted by Justice Daniel Osiagor in response to an ex parte application submitted by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors.

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The court's order, dated May 4, 2026, explicitly bars the NBC, its officers, and agents from imposing sanctions on broadcast stations based on the disputed provisions, pending the outcome of a motion on notice.

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The order states that the NBC is restrained from enforcing or imposing sanctions on any broadcasting station based on specific sections of the 6th Edition of the Nigeria Broadcasting Code, including 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), until the motion on notice is heard and determined.

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This ruling effectively halts the commission's ability to act on its recent "Formal Notice," which had warned broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.

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The lawsuit, filed on April 24, 2026, and marked FHC/L/CS/854/2026, was initiated by SERAP and NGE, who argued that the NBC's directive is "arbitrary, unconstitutional and unlawful."

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The groups contended in their originating processes that the provisions of the 6th Edition of the Broadcasting Code relied upon by the NBC are "vague and overly broad" and infringe on constitutionally guaranteed freedom of expression.

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They argued that unless restrained, the NBC would continue to use these provisions to "threaten and sanction broadcast stations and presenters" for carrying out their professional duties.

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SERAP and NGE further insisted that journalism inherently includes opinion, and that "the right to impart ideas necessarily includes opinions, commentary and analysis," which are central to democratic discourse.

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The plaintiffs also cautioned that the NBC's position could have a chilling effect on the media, potentially leading to self-censorship and weakening the watchdog role of the press, especially ahead of the 2027 general elections.

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Additionally, they maintained that the Broadcasting Code, as subsidiary legislation, cannot override the Nigerian Constitution or international human rights obligations binding on the country.

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The case has been adjourned to June 1, 2026, for the hearing of the motion on notice.