The National Broadcasting Commission (NBC) has filed an appeal against a Federal High Court ruling that temporarily restrained it from enforcing parts of the Nigeria Broadcasting Code used to sanction broadcast stations and presenters over alleged breaches relating to opinion expression, neutrality, and treatment of guests.
The appeal follows an interim injunction granted by Justice Daniel Osiagor of the Federal High Court, Lagos, which stopped the NBC from imposing sanctions or fines under several provisions of the 6th Edition of the Broadcasting Code pending determination of the substantive motion.
The restraining order was issued after an ex parte application filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE), who argued that certain regulatory provisions were being applied in a manner that could undermine constitutionally guaranteed freedoms of expression and media independence.
In its Notice of Appeal dated 8 May 2026, the NBC indicated dissatisfaction with the ruling, challenging the “whole decision” of the trial court. The commission is seeking an order of the Court of Appeal setting aside the ruling in its entirety, arguing that the lower court failed to properly evaluate evidence and submissions presented before it.
The disputed regulatory provisions reportedly relate to sanctions for broadcasters accused of “expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain editorial neutrality—areas the NBC maintains fall within its statutory mandate for broadcast standards enforcement.
However, SERAP and the Nigerian Guild of Editors contend that the enforcement approach amounts to an arbitrary expansion of regulatory powers. In their originating suit, they argued that several sections of the Broadcasting Code are inconsistent with constitutional protections for freedom of expression and Nigeria’s obligations under international human rights law.
In his ruling delivered on 4 May 2026, Justice Osiagor granted interim relief restraining the NBC and its agents from enforcing sanctions under specified sections of the Code, including 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), pending hearing of the motion on notice.
The court’s decision has intensified broader national debate over the scope of broadcast regulation in Nigeria, particularly the balance between content oversight and protection of civic space. Media rights advocates argue that overly broad regulatory interpretations could have a chilling effect on journalistic expression and editorial independence.
SERAP and NGE have maintained that the Constitution protects both the right to hold opinions and the right to express ideas without undue interference. They further described journalistic opinion as protected expression under both domestic and international legal frameworks.
Reacting to the appeal, the organisations said they have instructed their legal team to oppose the NBC’s challenge and defend the interim injunction, insisting that regulatory authority must remain within constitutional limits.
“We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria,” they stated, adding that they would pursue all legal avenues to ensure compliance with human rights obligations.
The matter has been adjourned to 1 June 2026 for hearing of the motion on notice, setting the stage for a substantive judicial determination on the limits of broadcast regulation and media freedom in Nigeria.
