The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission over what they described as an “arbitrary, unconstitutional and unlawful” threat to sanction broadcast stations and presenters.
The suit was disclosed in a joint statement on Sunday signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Onuoha Ukeh.
Filed at the Federal High Court in Lagos on April 24, 2026, under suit number FHC/L/CS/854/2026, the case challenges a recent NBC directive warning broadcasters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.
In their originating processes, the groups argued that provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC are “vague and overly broad” and constitute a violation of constitutionally guaranteed freedoms of expression and the press.
They warned that unless the court grants their reliefs, the NBC would continue to use the code to threaten and sanction media organisations and presenters for carrying out their constitutional duties.
The plaintiffs further argued that journalism inherently includes opinion and analysis, stating that “the right to impart ideas necessarily includes opinions, commentary and analysis,” which they described as central to democratic discourse.
The organisations maintained that the Nigerian Constitution is the supreme law and that any provision inconsistent with it is void.
They also argued that the Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed the powers of its enabling law.
According to the suit, the NBC’s restrictions amount to prior restraint, which they said unlawfully excludes commentary, analysis and value judgments that form the core of journalism.
SERAP and NGE further warned that the directive could undermine democratic participation, particularly ahead of the 2027 general elections.
They argued that it could limit Nigerians’ access to diverse viewpoints, restrict political debate, and weaken democratic accountability.
The groups also cautioned that the threat of sanctions could create a chilling effect on journalists, leading to self-censorship and weakening the media’s watchdog role.
The plaintiffs are asking the court for a declaration that several provisions of the Broadcasting Code are unconstitutional, as well as an injunction restraining the NBC from enforcing sanctions based on those provisions.
Human rights lawyer Femi Falana is leading the legal team representing SERAP and NGE.
No date has been fixed for the hearing of the interim application and substantive suit.
