Court stops NBC from sanctioning broadcast stations

The Federal High Court in Lagos has delivered a significant victory for press freedom in Nigeria, granting an interim injunction that halts the National Broadcasting Commission (NBC) from enforcing controversial provisions of the Nigeria Broadcasting Code. This ruling, sought by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors, is a crucial defense against what many see as arbitrary and unconstitutional attempts to muzzle the media.

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THAT AN ORDER OF INTERIM INJUNCTION is granted restraining the Defendant, its Officers, agents, privies, assigns, associates or any other person or group of persons 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 NBC's recent "Formal Notice" warned broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality. However, SERAP and the NGE rightly argued that these directives are vague, overly broad, and directly contravene the constitutionally guaranteed freedom of expression. Journalism, by its very nature, involves opinion, commentary, and analysis – essential components of democratic discourse. To stifle this is to weaken the media's vital watchdog role, especially as Nigeria approaches the 2027 general elections.

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arbitrary, unconstitutional and unlawful

This legal challenge underscores a growing concern among media practitioners and civil society about the NBC's overreach. The plaintiffs' assertion that the Broadcasting Code, as subsidiary legislation, cannot supersede the Nigerian Constitution or international human rights obligations is a fundamental legal principle. The court's decision to bar the NBC from acting on these disputed provisions is a welcome respite, preventing a chilling effect that could lead to widespread self-censorship and a less informed public. The Nigerian media landscape, vibrant and often critical, must be protected from such undue regulatory pressure.

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vague and overly broad