The Federal High Court of Nigeria sitting in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning broadcast stations and presenters over the expression of personal opinions, in a development confirmed by the Socio-Economic Rights and Accountability Project (SERAP) on Wednesday.
Justice Daniel Osiagor granted the interim injunction on Monday after hearing an ex parte motion filed by SERAP and the Nigerian Guild of Editors (NGE).
The order restrains the NBC, its officers, and agents from enforcing sections of the 6th Edition of the Nigeria Broadcasting Code to penalise broadcasters for alleged actions such as expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality, pending the determination of the substantive suit.
In a statement issued by SERAP on its official Facebook page on Wednesday, SERAP and NGE described the ruling as a major win for press freedom and the rule of law, noting that the court’s decision affirms that regulatory authorities must operate within constitutional boundaries.
The case, argued by senior advocate Adeyinka Olumide-Fusika, challenges what the groups termed an “arbitrary and unlawful attempt” by the NBC to impose sanctions based on vague and overly broad provisions.
According to the plaintiffs, journalism by its nature includes commentary, analysis, and value judgments, which are protected expressions under the Constitution of the Federal Republic of Nigeria.
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They maintained that a blanket restriction on presenters expressing opinions amounts to unconstitutional prior restraint.
The organisations also cited Nigeria’s obligations under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which guarantee the right to receive and impart information without interference.
They warned that the NBC’s reliance on vague standards such as “professionalism” could lead to arbitrary enforcement and create a chilling effect on journalists, particularly as the country approaches the 2027 general elections.
The matter has been adjourned to June 1, 2026, for the hearing of the motion on notice, while the interim injunction remains in force.