By Oluwakemi Kindness
A Federal High Court in Lagos has temporarily barred the National Broadcasting Commission (NBC) from sanctioning broadcast stations under disputed sections of the Nigeria Broadcasting Code, in a ruling seen as a significant win for press freedom.
Justice Daniel Osiagor granted the interim injunction on Wednesday following an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
In the ruling delivered on May 4, 2026, the court restrained the NBC, its agents, and representatives from enforcing sanctions tied to several contested provisions in the 6th Edition of the Broadcasting Code, pending the determination of a motion on notice.
The affected sections include 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).
The decision effectively suspends the NBC’s recent “Formal Notice,” which cautioned broadcasters against presenting personal opinions as facts, intimidating guests, or failing to maintain neutrality during programmes.
SERAP and NGE, in the suit marked FHC/L/CS/854/2026 and filed on April 24, argued that the provisions are “arbitrary, unconstitutional, and unlawful.”
They maintained that the rules are vague and overly broad, posing a threat to constitutionally guaranteed freedom of expression.
The plaintiffs further emphasized that journalism naturally involves opinion, commentary, and analysis—key elements of democratic discourse—and warned that the NBC’s stance could trigger self-censorship within the media, especially as Nigeria approaches the 2027 general elections.
They also argued that the Broadcasting Code, as a subsidiary legislation, cannot supersede the Nigerian Constitution or international human rights obligations.
The case has been adjourned to June 1, 2026, when the court is expected to hear the substantive motion on notice.
