The National Broadcasting Commission (NBC) has challenged a Federal High Court decision that restrained it from enforcing certain provisions of the Nigeria Broadcasting Code used to sanction broadcast stations and presenters over alleged bias and lack of neutrality.
The development follows an interim injunction issued by Justice Daniel Osiagor of the Federal High Court in Lagos, which barred the commission from applying a recently issued “Formal Notice” against broadcasters accused of presenting personal opinions as facts, intimidating guests, or failing to maintain editorial neutrality.
The order was granted after an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE). The applicants were represented by senior advocate, Adeyinka Olumide-Fusika, SAN.
Dissatisfied with the ruling, the NBC filed a Notice of Appeal dated May 8, 2026, asking the Court of Appeal in Lagos to overturn the decision.
In its filing, the commission argued that it was aggrieved by the ruling delivered on May 4, 2026, and formally sought appellate intervention.
“TAKE NOTICE that the Appellant being dissatisfied with the decision of the Federal High Court (Per Hon. Justice D.E. Osiagor) sitting at Lagos contained in the Ruling of the Court delivered on 4th May 2026 doth hereby appeal to the Court of Appeal, Lagos upon the grounds set out… and will at the hearing of the Appeal seek the reliefs set out…” the commission stated.
NBC further indicated that it was challenging the entirety of the judgment and asked the appellate court to set it aside and grant its appeal.
It stated: “(a) An Order allowing the Appellant’s appeal. (b) An order setting aside the entire decisions contained in the Ruling of the trial Court… delivered on 4th May 2026.”
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The commission also faulted the lower court’s handling of the case, alleging that it failed to properly evaluate evidence and consider legal submissions before granting the injunction.
The dispute originated from a suit filed by SERAP and NGE, which accused the NBC of attempting to impose sanctions on broadcasters for expressing opinions, allegedly bullying guests, and failing to maintain neutrality.
The groups also raised concerns about whether sections of the 6th Edition of the Nigeria Broadcasting Code align with constitutional protections and international human rights obligations.
In its ruling on May 4, 2026, the court restrained the NBC and its agents from enforcing several sections of the code, including provisions such as 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), pending determination of the substantive motion.
Reacting to the appeal, SERAP and NGE insisted that freedom of expression remains protected under both domestic and international legal frameworks.
They argued that journalistic opinion is a protected form of expression and vowed to defend the lower court’s ruling.
Also, they confirmed they had instructed their lawyers to oppose the appeal and ensure the injunction remains in place while the case continues.
The matter has been adjourned to June 1, 2026, for hearing of the motion on notice.