The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC), challenging what they described as an unlawful threat to sanction broadcasters and presenters.
The development was disclosed in a joint statement issued on Sunday, April 26, and signed by SERAP Deputy Director, Kolawole Oluwadare, and NGE General Secretary, Onuoha Ukeh.
The suit, marked FHC/L/CS/854/2026 and filed at the Federal High Court in Lagos on April 24, 2026, is seeking judicial intervention over a recent NBC directive cautioning broadcast stations against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.
In their court filings, the plaintiffs argued that provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the commission are legally defective.
They stated that the rules are “vague and overly broad” and “constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution.”
The groups warned that failure to grant the reliefs sought would embolden the regulator to continue what they described as intimidation of media practitioners.
“Unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights.”
SERAP and the editors’ body further emphasised that opinion and analysis are intrinsic to journalism.
“The right to impart ideas necessarily includes opinions, commentary, and analysis,” they argued, adding that, “Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse.”
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They also questioned the legal standing of the Broadcasting Code in relation to the Constitution.
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” the plaintiffs stated, stressing that the code “cannot override constitutional rights or exceed its enabling Act.”
On its broader implications, the groups cautioned that the directive could undermine democratic engagement, particularly ahead of the 2027 general elections.
“The blanket prohibition imposed by Section 1.10.3… amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments, the core of journalism and democratic discourse.”
They added that, “Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”
The plaintiffs also warned that the threat of sanctions could suppress press freedom.
They noted that such measures “creates a chilling effect on journalists and broadcasters,” which could lead to widespread self-censorship and weaken the media’s watchdog role.
Among the reliefs sought are a declaration that portions of the Broadcasting Code are unconstitutional and an injunction restraining the NBC from enforcing sanctions under those provisions.
Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and the NGE in the case.
No date has yet been fixed for the hearing of the matter.