SERAP, editors sue National Broadcasting Commission over ‘Gag Order’ threatening broadcasters

Crime Diary

ABUJA, Nigeria — 26 April 2026 (NPA) — The Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors have filed a lawsuit against the National Broadcasting Commission, challenging what they described as an “arbitrary, unconstitutional and unlawful” directive threatening sanctions against broadcasters over the expression of opinions.

The suit, marked FHC/L/CS/854/2026 and filed at the Federal High Court in Lagos, follows a recent “Formal Notice” issued by the NBC warning broadcast stations and presenters against “expressing personal opinions as facts,” as well as “bullying or intimidating guests” or failing to maintain neutrality in programming.

The NBC had justified its directive by citing what it described as a “sustained increase in breaches” of the 6th Edition of the Nigeria Broadcasting Code across news, current affairs and political programmes.

However, SERAP and NGE are asking the court to determine whether the provisions of the Broadcasting Code relied upon by the regulator are inconsistent with the Constitution of Nigeria and Nigeria’s international human rights obligations.

The plaintiffs are seeking a declaration that several sections of the Code are vague, overly broad and constitute a breach of the rights to freedom of expression, access to information and media independence. They are also requesting an interim injunction restraining the NBC from imposing sanctions on broadcasters pending the determination of the suit.

In their filings, SERAP and NGE argued that journalistic work inherently includes opinion, commentary and analysis, which are protected forms of expression under both domestic and international law.

“The right to impart ideas necessarily includes opinions, commentary and analysis. A blanket prohibition on the expression of ‘personal opinions’ by presenters amounts to an impermissible restriction,” the applicants stated.

They further contended that the NBC’s reliance on undefined standards such as “professionalism” introduces ambiguity and opens the door to arbitrary enforcement, thereby creating a chilling effect on journalists and media organisations.

The groups maintained that the Broadcasting Code, as subsidiary legislation, cannot override constitutional guarantees, stressing that any law inconsistent with the Constitution is null and void.

They also cited Nigeria’s obligations under international instruments, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, which protect the right to receive and impart information without interference.

Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and NGE in the matter.

The plaintiffs warned that the NBC’s directive, if allowed to stand, could undermine democratic discourse, particularly ahead of the 2027 general elections, by encouraging self-censorship and limiting robust scrutiny of public officials.

They also argued that provisions prohibiting “bullying” or “intimidation” lack clear definitions and could be used to suppress critical or adversarial questioning—an essential component of investigative journalism.

Furthermore, SERAP and NGE contended that classifying such conduct as “Class B breaches” attracting fines or suspension constitutes a disproportionate interference with freedom of expression and raises concerns over due process and fair hearing.

The suit is seeking, among other reliefs, the nullification of multiple sections of the 6th Edition of the Nigeria Broadcasting Code, as well as a perpetual injunction restraining the NBC from enforcing the contested provisions. No date has yet been fixed for the hearing of the interim application or the substantive suit.