The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC) over a formal notice threatening to sanction broadcasters for expressing personal opinions as facts, bullying guests, or failing to maintain neutrality. The suit, number FHC/L/CS/854/2026, was filed last Friday at the Federal High Court in Lagos. SERAP and NGE are asking the court to rule on whether the NBC's reliance on the 6th Edition of the Nigeria Broadcasting Code violates constitutional and international human rights standards. They seek a declaration that the code's provisions are vague, overly broad, and infringe on freedom of expression. The groups also want an interim injunction to stop the NBC from imposing sanctions under the code while the case is pending. They argue that journalistic opinion is protected expression and that value judgments cannot be proven true or false. According to the suit, the NBC's notice creates a chilling effect on media freedom. Human rights lawyer Femi Falana is leading the legal team representing SERAP and NGE. The filing states that the Constitution is supreme and any law conflicting with it is null and void. It also cites Article 27 of the Vienna Convention on the Law of Treaties, which bars Nigeria from using domestic laws to breach international obligations. The groups contend that undefined terms like "bullying" and "intimidation" could criminalize legitimate journalistic questioning.
The NBC claims to enforce neutrality while demanding broadcasters give opposing views, yet it issued a one-sided notice threatening sanctions without public consultation. SERAP and NGE are challenging rules that could punish journalists for doing what journalism requires—analysis and commentary. If the court allows the NBC to define opinion as misconduct, anchors and editors named in the suit may face penalties for exercising constitutionally protected speech. This undermines the media's role in holding power to account, especially when questioning public officials.
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