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 released “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 ode provisions, 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 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 court held.
The case was adjourned June 1, 2026, for the hearing of the
motion on notice
THE CASE
In a statement on April 18, the NBC said it has observed a
rise in violations of the sixth edition of the Nigeria Broadcasting Code across
news, current affairs and political programmes.
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 sixth edition of the Nigeria Broadcasting Code.
The NBC said some anchors and presenters deviate from
professional standards by denying fair hearing to opposing views and
compromising neutrality during broadcasts.
The commission warned that such conduct contravenes
provisions of the code, which require presenters to remain impartial and ensure
all sides to 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 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 asked the court for “an order of interim
injunction restraining the NBC, its agents or privies… from imposing sanctions
on broadcast stations and presenters based on the patently unlawful provisions
of the 6th Edition of the Broadcasting Code, pending the hearing and
determination of the motion on notice”.
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