The Federal High Court in Lagos has restrained the National Broadcasting Commission (NBC) from sanctioning broadcasters who express personal opinions as facts.
Daniel Osiagor, the presiding judge, on Monday restrained the NBC from enforcing its recently issued “formal notice” to broadcasters.
Osiagor barred the NBC, its officers, and agents from enforcing or imposing sanctions on broadcast stations based on the disputed provisions of the NBC code, pending the determination of a motion on notice.
“It is hereby ordered as follows: THAT AN ORDER OF INTERIM INJUNCTION is granted restraining the Defendant, its officers, agents, privies, assigns, associates, or any other person or group from enforcing, imposing sanctions, or levying fines on any broadcasting station based on the provisions of Sections 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) of the 6th Edition of the Nigeria Broadcasting Code, pending the hearing and determination of the motion on notice for an order of interlocutory injunction filed simultaneously in this suit,” the court held.
The case was adjourned to June 1, 2026, for the hearing of the motion on notice.
THE CASE
In a statement on April 18, the NBC said it had observed a rise in violations of the sixth edition of the Nigeria Broadcasting Code across news, current affairs, and political programmes.
The NBC warned broadcast stations and presenters against “expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain neutrality, citing a “sustained increase in breaches” of the code.
The commission said some anchors and presenters deviate from professional standards by denying fair hearing to opposing views and compromising neutrality during broadcasts.
The NBC added that such conduct contravenes provisions of the code, which require presenters to remain impartial and ensure all sides of issues of public interest are fairly represented.
Displeased by the directive, the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) sued the NBC over what they described as an “arbitrary, unconstitutional, and unlawful” notice threatening sanctions against broadcasters.
SERAP and NGE asked the court to determine whether the provisions of the broadcasting code relied upon by the NBC are inconsistent with the 1999 Constitution (as amended) and Nigeria’s international human rights obligations.
They also sought “an order of interim injunction restraining the NBC, its agents or privies, from imposing sanctions on broadcast stations and presenters based on the allegedly unlawful provisions of the 6th Edition of the Broadcasting Code, pending the hearing and determination of the motion on notice.”
