The National Broadcasting Commission (NBC) has filed an appeal against a Federal High Court ruling stopping it from using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for purportedly “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”
The push by the NBC to enforce the controversial provisions of the Nigeria Broadcasting Code raises fresh and serious concerns about the protection of civic space, media freedom, and the right to freedom of expression in Nigeria.
Justice Daniel Osiagor had recently granted an order of interim injunction stopping the NBC from sanctioning broadcasters under certain provisions of the Code following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).
But in its notice of appeal dated May 8, 2026, the NBC stated that at the hearing of the appeal, it will seek an order allowing the appellant’s appeal and an order setting aside the entire decisions contained in the ruling of the trial court.
SERAP and NGE had in their lawsuit challenged what they described as “an arbitrary and unlawful attempt by the NBC to sanction broadcasters for allegedly expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain “neutrality.”
“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.
“We have instructed our lawyers to immediately take all necessary legal steps to respond to the NBC’s notice of appeal and to vigorously defend the decision of the Federal High Court,” they stated, among others.
Meanwhile, the case has been adjourned to June 1, 2026 for the hearing of the motion on notice.
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