SERAP, Editors drag NBC to court over‘unlawful’ sanction threats

The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission, accusing the regulator of issuing unconstitutional threats to sanction broadcasters.

In a joint statement, SERAP and the editors’ guild described the NBC’s directive as “arbitrary, unconstitutional, and unlawful,” arguing that it undermines freedom of expression and media independence.

The suit, filed at the Federal High Court in Lagos on April 24, 2026, challenges provisions in the sixth edition of the Nigeria Broadcasting Code. The NBC had warned broadcast stations against “expressing personal opinions as facts,” “bullying or intimidating guests,” and failing to maintain neutrality.

The plaintiffs contend that the provisions are “vague and overly broad,” adding that they amount to a breach of rights guaranteed under the Nigerian Constitution. They told the court that unless the reliefs sought are granted, the NBC would continue to rely on the code “to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities.”

They further argued that journalism inherently involves analysis and commentary. “The right to impart ideas necessarily includes opinions, commentary, and analysis,” the groups said, stressing that such expressions are “at the very core of journalistic practice and democratic discourse.”

Challenging the legal standing of the broadcasting code, SERAP and the editors maintained that it cannot override constitutional provisions. “The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void,” they stated.

The groups warned that the NBC’s position could stifle democratic engagement, particularly ahead of the 2027 general elections. They said the directive risks limiting access to diverse viewpoints and could create a “chilling effect” on journalists, encouraging self-censorship.

Among the reliefs sought, the plaintiffs are asking the court to declare sections of the broadcasting code unconstitutional and to restrain the NBC from enforcing sanctions based on those provisions.

Human rights lawyer Femi Falana is leading the legal team representing SERAP and the editors’ guild. No date has yet been fixed for the hearing of the case.