The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have initiated legal action against the National Broadcasting Commission (NBC) following a formal notice from the regulator threatening to sanction broadcast stations and presenters.
The lawsuit, filed last Friday at the Federal High Court in Lagos, seeks to halt what the groups describe as an arbitrary and unconstitutional attempt to restrict freedom of expression and media independence.
The controversy centers on the NBC’s recent directive targeting presenters who express personal opinions as facts or engage in adversarial questioning, which the commission claims constitutes a breach of the 6th Edition of the Nigeria Broadcasting Code.
In the suit numbered FHC/L/CS/854/2026, the plaintiffs contend that the provisions relied upon by the NBC are vague, overly broad, and inconsistent with the 1999 Nigerian Constitution and international human rights obligations.
Led by human rights lawyer Femi Falana, SAN, the legal team is arguing that journalistic opinion is a protected form of expression and that journalism inherently includes analysis, commentary, and value judgments.
The groups maintain that by prohibiting personal opinions, the NBC is imposing a form of prior censorship that effectively creates a chilling effect on legitimate media activity and investigative journalism.
The originating summons further highlights the potential impact of these restrictions on the 2027 general elections, asserting that the gag order undermines the democratic right of Nigerians to receive diverse information and engage in open political debate.
SERAP and the NGE argued that the requirement for broadcasters to provide fair hearing to opposing views, while appearing balanced, actually imposes an impermissible form of compelled speech and editorial control.
They insisted that any regulatory response to misinformation must be precise and proportionate rather than relying on subjective standards like professionalism to justify repressive measures.
Among the reliefs sought from the court is an order of interim injunction restraining the NBC and its agents from enforcing the contested provisions or imposing fines pending the determination of the case.
The plaintiffs are also asking the court to nullify specific sections of the Broadcasting Code for being unconstitutional and to grant a perpetual injunction against their future use.
While the Federal High Court has acknowledged the filing of the originating summons and affidavit of urgency, a date for the hearing of the interim application and the substantive suit is yet to be fixed.