NBC appeals judgement protecting Broadcast Stations, presenters from sanctions for expressing opinions

By Biola Adebayo On May 14, 2026

,NBC ,appeal, Broadcast Stations, presenters, sanctions, opinions , SERAP,NGE, — NBC appeals judgement protecting Broadcast Stations, presenters from sanctions for expressing opinions

National Broadcasting Commission (NBC) has filed an appeal against a recent ruling of the Federal High Court in Lagos, which restrained the commission from using controversial provisions of the Nigeria Broadcasting Code to threaten, sanction, punish or fine broadcast stations and presenters over alleged “expression of personal opinions as facts,” “bullying or intimidating guests,” or failure to maintain “neutrality.”

The development has triggered renewed concerns over shrinking civic space, press freedom and freedom of expression in Nigeria, especially amid growing criticism that the NBC is attempting to impose excessive regulatory control over broadcast media operations in the country.

The appeal followed an interim injunction granted by Justice Daniel Osiagor of the Federal High Court, Lagos, in favour of the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE).

The suit was argued on behalf of SERAP and NGE by senior lawyer, Adeyinka Olumide-Fusika, SAN.

Justice Osiagor had restrained the NBC from enforcing specific provisions of the 6th Edition of the Nigeria Broadcasting Code pending the hearing and determination of a motion on notice filed before the court.

However, in a Notice of Appeal dated May 8, 2026, the NBC formally challenged the court ruling and asked the Court of Appeal in Lagos to overturn the entire decision.

Part of the Notice of Appeal read: “TAKE NOTICE that the Appellant being dissatisfied with the decision of the Federal High Court (Per Hon. Justice D.E. Osiagor) sitting at Lagos contained in the Ruling of the Court delivered on 4th May 2026 doth hereby appeal to the Court of Appeal, Lagos upon the grounds set out… and will at the hearing of the Appeal seek the reliefs set out…”

The NBC stated further that it was contesting “The Whole Decision” of the Federal High Court and requested: “(a) An Order allowing the Appellant’s appeal. (b) An order setting aside the entire decisions contained in the Ruling of the trial Court… delivered on 4th May 2026.”

The commission also argued in its grounds of appeal that the lower court “failed to evaluate the evidence on record and consider the submissions…” and erred in granting the application “as prayed.”

SERAP and the Nigerian Guild of Editors had approached the court to challenge what they described as an arbitrary and unlawful attempt by the NBC to punish broadcasters under vague and repressive provisions of the broadcasting code.

The groups specifically faulted attempts to sanction media houses and presenters for allegedly “expressing personal opinions as facts,” “bullying or intimidating guests,” or failing to maintain “neutrality.”

According to the plaintiffs, the contested provisions violate constitutional guarantees and Nigeria’s obligations under international human rights law relating to freedom of expression and media freedom.

The suit also questioned whether several sections of the 6th Edition of the Nigeria Broadcasting Code are inconsistent with the provisions of the Nigerian Constitution as well as international treaties to which Nigeria is a signatory.

In the ruling delivered on May 4, 2026, Justice Osiagor granted an interim injunction restraining the NBC from taking punitive action against broadcasters under the disputed sections of the code.

The court ordered:“That an order of interim injunction is granted restraining the Defendant [NBC], its Officers, agents, privies, assigns, associates or any other person or group of persons from enforcing, imposing sanctions, or levying fines on any broadcasting station based on the provisions of Sections 1.10.3, 3.3.1(b), 3.4.1(b), 5.3.3(b), 3.1.1, 3.11.1(a), 5.4.1(f), 3.11.1(b), and 5.5.1(b) of the 6th Edition of the Nigeria Broadcasting Code pending the hearing and determination of the Motion on notice…”

Reacting to NBC’s appeal, SERAP and NGE vowed to resist the move and defend the Federal High Court’s decision.

The organisations said: “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.”

“These steps will include opposing the appeal and ensuring that the interim injunction remains in force pending the determination of the motion on notice.”

The groups further stated: “We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria.”

“We will continue to pursue all available legal avenues to ensure that regulatory powers are exercised within constitutional limits and in full compliance with Nigeria’s international human rights obligations.”

Meanwhile, the case has been adjourned till June 1, 2026, for hearing of the motion on notice.