Court restrains NBC from imposing sanctions on broadcasters

NBC Director General, Mr. Charles Ebuebu

The Federal High Court in Lagos has stopped the National Broadcasting Commission (NBC) from “using its recently issued ‘Formal Notice’ to threaten, sanction or punish broadcast stations and presenters for expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”

Justice Daniel Osiagor, on Monday, granted an order of interim injunction following arguments on an ex parte motion filed by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

The case was argued on behalf of SERAP and NGE by their lawyer, Adeyinka Olumide-Fusika. The ruling follows a lawsuit filed by SERAP and NGE challenging 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.’

SERAP and NGE had, in the lawsuit, asked 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 1999 Constitution (as amended) and the country’s international human rights obligations.”

In a joint statement on Monday, SERAP and NGE welcome the landmark ruling, which granted an interim injunction restraining the NBC from enforcing controversial provisions of the Nigerian Broadcasting Code used to threaten broadcasters and presenters.

SERAP and NGE said: “This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s decision to restrain the NBC from enforcing these vague and overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits.”

MEANWHILE, Amnesty International Nigeria has hailed the Federal High Court ruling, describing the decision as a boost for free expression and media independence.

The group, in a statement published on its X handle @AmnestyNigeria yesterday, said the interim injunction granted in Lagos marked “an important step” toward protecting journalists and media organisations from what it called regulatory overreach.

While welcoming the court’s intervention, Amnesty International cautioned that the order remains interim and does not finally resolve the dispute over the legality of the NBC’s action.

It therefore called on the NBC to withdraw the directive entirely and desist from adopting similar measures that could restrict press freedom.

The organisation further urged authorities to ensure that journalists and broadcasters are able to carry out their duties without intimidation or undue interference.

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