- Falana leads legal battle against ‘vague’ Broadcasting Code; Plaintiffs seek injunction to stop NBC from muzzling presenters
By SCM Correspondent
LAGOS – The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have dragged the National Broadcasting Commission (NBC) before a Federal High Court in Lagos.
The lawsuit follows a controversial ‘Formal Notice’ issued by the commission, which threatened to sanction broadcast stations and presenters for allegedly expressing personal opinions as facts, bullying guests, or failing to maintain neutrality.
In the suit, numbered FHC/L/CS/854/2026, filed last Friday, the plaintiffs are challenging the constitutionality of the NBC’s directives. They contend that the commission’s actions are “arbitrary, unconstitutional, and unlawful,” arguing that the 6th Edition of the Nigeria Broadcasting Code is being used as a tool to suppress press freedom.
SERAP and the NGE are asking the court to determine whether the provisions relied upon by the NBC are inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.
“The provisions of the 6th Edition of the Broadcasting Code used by the NBC are vague and overly broad,” the plaintiffs stated. “They constitute a fundamental breach of freedom of expression and media freedom guaranteed by law.”
Demands and Injunctions
The plaintiffs are seeking several reliefs from the court, including:
A Declaration: That the NBC’s threats violate the right to freedom of expression.
Interim Injunction: An order restraining the NBC and its agents from imposing any sanctions or fines on broadcast houses based on the disputed provisions, pending the determination of the motion on notice.
Human rights activist and Senior Advocate of Nigeria, Mr. Femi Falana (SAN), has been tapped to lead a team of senior lawyers representing SERAP and the NGE in the legal battle.
The friction began when the NBC recently raised alarms over what it termed a “sustained increase in breaches” of the Nigeria Broadcasting Code across news and political programmes.
The regulator claimed that presenters were increasingly stepping outside their roles by intimidating guests and presenting personal biases as facts. However, media advocates have long criticized the NBC for acting as both “accuser and judge,” often using the Code to stifle critical reporting and silence dissenting voices on national television and radio.
This lawsuit is the latest in a series of legal confrontations between civil society and the NBC regarding the regulation of the Nigerian media space.
The NGE and SERAP argue that “neutrality” should not be used as a pretext to prevent journalists from asking tough questions or holding public officials accountable.
They maintain that the NBC’s current stance creates a “chilling effect” on the media, effectively forcing broadcasters into self-censorship to avoid heavy fines or license withdrawals.
The court is expected to fix a date for the hearing of the motion for an interim injunction in the coming days.
