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 describe as unconstitutional provisions in Nigeria’s broadcasting regulations.
The suit, filed at the Federal High Court in Lagos, targets the NBC’s recent “Formal Notice” warning broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.
NBC had justified its directive by citing a rise in violations of the 6th Edition of the Nigeria Broadcasting Code across news and political programmes. However, SERAP and NGE argue that the provisions relied upon are vague, overly broad, and incompatible with constitutional guarantees.
The groups are asking the court to determine whether these provisions breach the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
They are also seeking an interim injunction to stop the NBC from sanctioning media houses and presenters pending the outcome of the case.
According to the plaintiffs, the restrictions threaten press freedom and could suppress legitimate journalism, especially ahead of the 2027 general elections.
Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and NGE.
In court filings, the organisations argue that journalistic work inherently includes analysis, commentary, and opinion, all of which are protected under both Nigerian law and international human rights frameworks.
They contend that prohibiting presenters from expressing opinions amounts to unlawful prior restraint and indirect censorship. The groups further warn that vague definitions of terms such as “bullying” or “intimidation” could be used to stifle critical questioning, a key element of investigative journalism.
SERAP and NGE also argue that the NBC’s enforcement approach risks creating a chilling effect on broadcasters, discouraging open debate and weakening the media’s watchdog role in a democratic society.
They insist that while regulating misinformation and ensuring fairness are legitimate aims, such measures must be precise, proportionate, and consistent with constitutional rights.
The lawsuit seeks a declaration that several sections of the broadcasting code are unconstitutional, as well as an order nullifying those provisions and permanently restraining the NBC from enforcing them.
No hearing date has yet been fixed.
