By Francis Ajuonuma
The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have instituted legal action against the National Broadcasting Commission (NBC), accusing the regulatory body of attempting to impose unconstitutional restrictions on press freedom through what they describe as an unlawful regulatory crackdown on broadcasters and journalists.
The suit, filed before the Federal High Court in Lagos, challenges NBC’s recent formal notice threatening sanctions against broadcast stations, presenters and programme anchors accused of expressing personal opinions, intimidating guests, or allegedly failing to maintain neutrality on political and public affairs programmes.
SERAP and NGE argue that the NBC’s position represents a dangerous expansion of state regulatory powers and could undermine constitutional guarantees of freedom of expression, editorial independence and democratic accountability, particularly ahead of the 2027 general elections.
According to the plaintiffs, the contested provisions of the Nigeria Broadcasting Code are vague, overly broad and susceptible to arbitrary enforcement.
They contend that these provisions could be weaponised to silence critical journalism, suppress legitimate commentary and encourage widespread self-censorship within Nigeria’s media landscape.
“The right to freedom of expression includes commentary, analysis and journalistic opinion,” the suit argues.
“Any blanket prohibition on presenters expressing opinions amounts to unconstitutional censorship.”
The plaintiffs further maintain that journalism, by its very nature, extends beyond the simple recitation of facts and includes interpretation, value judgments and analytical engagement with public issues.
They insist that NBC’s directive, if enforced, could severely weaken the media’s watchdog role by discouraging rigorous questioning of political actors and public officials.
SERAP and NGE are asking the court to nullify multiple sections of the 6th Edition of the Nigeria Broadcasting Code, arguing that the regulations violate both Nigeria’s Constitution and international human rights obligations under treaties such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
Human rights lawyer Femi Falana (SAN) is leading the legal team representing both organisations.
In their filing, the plaintiffs warned that NBC’s enforcement framework could transform broadcasting regulation into indirect censorship.
They argue that terms such as “professionalism,” “bullying,” and “intimidation” are insufficiently defined, thereby exposing journalists to punitive sanctions based on subjective or politically motivated interpretations.
“The threat of sanctions based on vague standards creates a chilling effect on democratic discourse,” the applicants stated.
“Such measures risk undermining electoral transparency by restricting scrutiny, reducing diverse political debate and weakening the media’s constitutional role.”
The lawsuit also seeks an interim injunction preventing NBC from imposing fines, suspensions or other penalties on broadcasters pending the final determination of the case.
Media stakeholders have described the legal challenge as a potentially landmark battle over the future of press freedom in Nigeria, particularly as the country prepares for another politically sensitive electoral cycle.
