SERAP, Nigerian Guild of Editors Sue NBC Over Alleged Unconstitutional Broadcast Directive

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGOE) have taken legal action against the National Broadcasting Commission (NBC), challenging what they describe as an unlawful and unconstitutional directive threatening sanctions against broadcasters.

In a joint statement issued on Sunday, the groups confirmed that the suit was filed at the Federal High Court in Lagos (Federal High Court) on April 24, 2026. The statement was signed by SERAP Deputy Director Kolawole Oluwadare and the Guild’s General Secretary, Onuoha Ukeh.

The case, marked FHC/L/CS/854/2026, is contesting a recent NBC directive warning broadcast stations and presenters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality in their reporting.

According to SERAP and the editors’ guild, the provisions of the 6th Edition of the Nigeria Broadcasting Code being enforced by the NBC are “vague, overly broad, and open to abuse,” arguing that they infringe on constitutionally guaranteed freedom of expression and media freedom.

They warned that if the court does not intervene, the NBC could continue using the code to sanction journalists and broadcasters for performing their professional duties.

The plaintiffs maintained that journalism inherently includes commentary, analysis, and opinion, insisting that such expression is protected under democratic norms and cannot be treated as misconduct.

They further argued that the Nigerian Constitution remains the supreme law of the land, and any subsidiary regulation, including the Broadcasting Code, cannot override it or restrict fundamental rights.

“The Broadcasting Code cannot lawfully curtail constitutional freedoms or exceed its enabling law,” the groups contended, adding that the disputed provisions amount to prior restraint on media expression.

They also cautioned that the directive could create a chilling effect in newsrooms, leading to self-censorship and weakening the media’s role as a democratic watchdog, especially ahead of the 2027 general elections.

The lawsuit, filed through prominent human rights lawyer Femi Falana (SAN), is seeking a court declaration that several provisions of the Broadcasting Code are unconstitutional, as well as an order restraining the NBC from enforcing sanctions based on them.