The Socio-Economic Rights and Accountability Project and the Nigeria Guild of Editors have approached the court to challenge several provisions of the Nigeria Broadcasting Code, arguing that they pose significant threats to press freedom, editorial independence, and democratic discourse.
The organisations contended that certain provisions of the Code could undermine core journalistic practices, particularly adversarial questioning, which they describe as essential to investigative journalism and accountability.
According to them, any regulatory framework that discourages rigorous questioning weakens the media’s constitutional role as a public watchdog, thereby limiting its capacity to hold power to account.
In the suit number FHC/L/CS/854/2026 filed last Friday at the Federal High Court, Lagos, SERAP and NGE are asking the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.”
SERAP and NGE are asking the court for “a declaration that the provisions of the 6th Edition of the Broadcasting Code used by the NBC are vague and overly broad and constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution and international human rights standards.”
The organisations, to be represented by human rights lawyer Femi Falana (SAN), further contended that journalism inherently involves opinion, value judgment, analysis, and commentary, all of which are protected forms of expression.
They argued that any blanket restriction on presenters expressing personal opinions amounts to unlawful prior restraint and censorship.
SERAP and NGE also argued that international treaties to which Nigeria is a signatory, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights, guarantee freedom to receive and share information without interference.
They warned that the NBC’s approach could increase self-censorship, weaken editorial independence, and restrict public access to diverse political viewpoints, particularly ahead of the 2027 general elections. They also argue that while preventing misinformation and misconduct in broadcasting is legitimate, such regulation must be precise, necessary, and proportionate.
“The notice would also seriously undermine the media’s constitutional role as a public watchdog because any regulation that discourages rigorous questioning undermines this function.
“The requirement that broadcasters must always provide a ‘fair hearing to opposing views,’ while ostensibly grounded in principles of balance, imposes an impermissible form of compelled speech and editorial control.
“The imposition of punitive measures based on vague and broadly defined infractions creates a chilling effect on broadcasters, discouraging legitimate journalistic activity and undermining democratic discourse. Such a regime of sanctions also amounts to indirect or prior censorship,” they stated.
The plaintiffs are seeking multiple reliefs from the court, including a declaration that 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 fail to provide clear guidance on what constitutes a breach, thereby rendering them unlawful and unconstitutional; and an order nullifying the contested sections on the grounds that they violate rights protected under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights, and the International Covenant on Civil and Political Rights.
Also, they are seeking a perpetual injunction restraining the National Broadcasting Commission and any other authority from enforcing or imposing sanctions based on the disputed provisions.
As of the time of reporting, no date has been fixed for the hearing of the interim application or the substantive suit.
