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Guild of Editors, SERAP Slap NBC With Lawsuit Over Regulatory Threats

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The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have launched a lawsuit against the National Broadcasting Commission (NBC).
The lawsuit, filed April 24, 2026, at the Federal High Court in Lagos, contests the regulator’s “arbitrary and unconstitutional” threats to sanction media houses and presenters.
In a joint statement by SERAP’s Kolawole Oluwadare, a lawyer, and NGE’s Onuoha Ukeh, a copy of which was obtained by Persecondnews on Sunday, the groups argued that the NBC’s directives—which restrict personal opinions and mandate “neutrality”—violate constitutional press freedoms.
The suit (FHC/L/CS/854/2026) claims the NBC is relying on “vague and overly broad” sections of the Nigeria Broadcasting Code to stifle the media.
The groups told the court that unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights.
They further contended that journalistic work inherently includes opinion, noting that, “The right to impart ideas necessarily includes opinions, commentary, and analysis.”
“Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse,” they stated.
Challenging the legality of the NBC’s position, the plaintiffs argued: “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,stressing that the Broadcasting Code, as subsidiary legislation, “cannot override constitutional rights or exceed its enabling Act.”
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.
“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.”
The groups warned that the NBC’s threats have created a “chilling effect” on the industry, encouraging self-censorship and undermining the media’s role as a public watchdog.
To address this, the plaintiffs are seeking a court declaration that several provisions of the Broadcasting Code are unconstitutional.
They are also requesting an injunction to prevent the NBC from enforcing any sanctions under these disputed rules.
Renowned human rights lawyer Mr. Femi Falana (SAN) is leading the legal team for SERAP and the NGE.
While the case has been initiated, the court has yet to fix a date for the hearing of the interim application or the substantive suit.
See also  NBC's fines on broadcast stations: Code violates freedom of expression – ECOWAS Court

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