SERAP, NGE challenge NBC directive on broadcasters’ conduct
Lawsuit claims Broadcasting Code violates constitutional free speech
Plaintiffs warn of media clampdown ahead of 2027 elections
The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have taken legal action against the National Broadcasting Commission (NBC), accusing the agency of attempting to suppress press freedom through regulatory threats.
The suit, filed at the Federal High Court in Lagos on April 24, 2026, is challenging a directive issued by the NBC cautioning broadcasters against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.
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In a joint statement signed by SERAP Deputy Director Kolawole Oluwadare and NGE General Secretary Onuoha Ukeh, the groups described the directive as “arbitrary, unconstitutional, and unlawful,” arguing that the provisions of the sixth edition of the Nigeria Broadcasting Code are “vague and overly broad.”
They told the court, “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.”
The plaintiffs maintained that journalism inherently involves interpretation and opinion. “The right to impart ideas necessarily includes opinions, commentary, and analysis,” they said, adding that such expressions are “at the very core of journalistic practice and democratic discourse.”
Challenging the legal basis of the NBC’s position, the groups argued, “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” stressing that the Broadcasting Code, as subsidiary legislation, “cannot override constitutional rights or exceed its enabling Act.”
They further warned that the Commission’s stance could restrict democratic engagement, particularly ahead of the 2027 general elections. According to them, the directive undermines citizens’ rights to receive diverse information and engage in open debate.
Highlighting the broader impact, the plaintiffs said the threat of sanctions “creates a chilling effect on journalists and broadcasters,” potentially leading to self-censorship and weakening the media’s watchdog role.
Among the reliefs sought, SERAP and NGE are asking the court to declare key provisions of the Broadcasting Code unconstitutional and to restrain the NBC from enforcing sanctions based on those rules.
Human rights lawyer Femi Falana (SAN) is leading the legal team for the plaintiffs. A hearing date has yet to be fixed.
