SERAP, NGE drag NBC to court over threat to sanction broadcasters

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian guild of editors have filed a lawsuit against the National broadcasting commission, accusing the regulator of issuing unconstitutional threats to sanction broadcasters.

In a joint statement on Sunday, SERAP and the editors’ guild described the NBC’s directive as “arbitrary, unconstitutional, and unlawful,” arguing that it undermines freedom of expression and media independence.

The suit, filed at the federal high court in Lagos on April 24, 2026, challenges provisions in the sixth edition of the Nigeria Broadcasting Code.

The NBC had warned broadcast stations against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.

The plaintiffs contend that the provisions are “vague and overly broad,” adding that they amount to a breach of rights guaranteed under the Nigerian Constitution.

They told the court that unless the reliefs sought are granted, the NBC would continue to rely on the code “to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities.”

They also warned that the NBC’s approach could stifle media freedom, stating, “The blanket prohibition imposed by Section 1.10.3… amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments, the core of journalism and democratic discourse.”

On the broader implications, SERAP and NGE argued that the regulatory move risks suppressing democratic engagement, noting that, “Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”

They added that the threat of sanctions “creates a chilling effect on journalists and broadcasters,” potentially leading to self-censorship and weakening the media’s watchdog role.

The plaintiffs are seeking, among other reliefs, a declaration that several provisions of the Broadcasting Code are unconstitutional, as well as an injunction restraining the NBC from enforcing sanctions based on those provisions.

It was also stated that Femi Falana, human rights lawyer is leading the legal team representing SERAP and NGE in the case, while no date has been fixed for the hearing of the interim application and the substantive suit.