The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have sued the National Broadcasting Commission (NBC) at the Federal High Court, Lagos, over the arbitrary, unconstitutional, and unlawful ‘Formal Notice’, which threatens to sanction broadcast stations and presenters for allegedly expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.

Recall that NBC claimed it had identified a sustained increase in breaches of the 6th Edition of the Nigeria Broadcasting Code across news, current affairs, and political programmes.

In the suit number FHC/L/CS/854/2026 filed at the weekend, 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.

The bodies 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 are also seeking an order of interim injunction restraining the NBC, its agents or privies, whether jointly or severally or any other authority, from imposing sanctions on broadcast stations and presenters based on the patently unlawful provisions of the 6th Edition of the Broadcasting Code, pending the hearing and determination of the motion on notice filed simultaneously in this suit.

In the suit, SERAP and NGE are arguing that unless the reliefs sought are granted, the NBC will continue to use the provisions of the 6th Edition of the Broadcasting Code to threaten and sanction broadcast stations and presenters solely for carrying out their constitutional responsibilities and exercising their rights.

The duoare also arguing that the Nigerian Constitution and international human rights law protect both the absolute right to hold opinions and the qualified right to express ideas of all kinds. Journalistic opinion is a protected expression.

Human rights lawyer, Mr Femi Falana, would lead a team of senior lawyers to represent SERAP and NGE in the lawsuit.

In the originating summons, motion ex parte, motion on notice and affidavit of urgency filed in court, the organisations said value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary.

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

“Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse.

“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void. The Nigeria Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. Provisions that are vague and overly broad unlawfully restrict freedom of expression and must be struck down,” the bodies stated.