The National Broadcasting Commission (NBC) has appealed a Federal High Court ruling restraining it from sanctioning broadcast stations and presenters under controversial provisions of the Nigeria Broadcasting Code.
The appeal follows an interim injunction granted by Justice Daniel Osiagor of the Federal High Court in Lagos in favour of the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
The court had restrained the NBC from enforcing sections of the 6th Edition of the Nigeria Broadcasting Code used to threaten or punish broadcasters for allegedly “expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain “neutrality.”
Justice Osiagor granted the interim order on May 4, 2026, after hearing an ex parte motion argued on behalf of SERAP and NGE by senior lawyer, Adeyinka Olumide-Fusika (SAN).
In the ruling, the judge ordered that the NBC, its officers, agents and associates be restrained from “enforcing, imposing sanctions, or levying fines” on any broadcast station under the disputed provisions pending the hearing of the substantive suit.
However, in a Notice of Appeal dated May 8, 2026, the NBC asked the Court of Appeal in Lagos to overturn the entire ruling.
Part of the appeal stated that the Commission was dissatisfied with the decision of the trial court and sought “an order allowing the appeal” as well as “an order setting aside the entire decisions contained in the ruling of the trial Court.”
The NBC argued that the Federal High Court failed to properly evaluate the evidence and submissions before granting the application.
The legal battle arose after the NBC issued a formal notice in April 2026 warning broadcasters and presenters against violating provisions of the Nigeria Broadcasting Code in news, current affairs and political programmes.
The Commission had warned against presenters expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality, particularly ahead of the 2027 general elections.
SERAP and the Nigerian Guild of Editors subsequently filed suit, describing the directive as arbitrary, unconstitutional and unlawful. The groups argued that the contested provisions were vague, overly broad and inconsistent with constitutional guarantees of freedom of expression and media freedom.
According to the plaintiffs, journalism necessarily involves analysis, commentary and opinion, and attempts to suppress such expressions could create a chilling effect on the media.
They also contended that the Nigeria Broadcasting Code, being a subsidiary regulation, cannot override provisions of the 1999 Constitution or Nigeria’s international human rights obligations.
Reacting to the NBC’s appeal, SERAP and the Nigerian Guild of Editors said they had instructed their lawyers to oppose the move and defend the Federal High Court’s ruling.
The organisations said they remained committed to protecting civic space, freedom of expression and media independence in Nigeria, while ensuring that regulatory powers are exercised within constitutional limits.
The case has been adjourned until June 1, 2026, for hearing of the motion on notice.
