SERAP, Editors drag NBC to Court over ‘Gag Order’ on Broadcasters

The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit against the National Broadcasting Commission (NBC), challenging what they described as an unlawful attempt to muzzle broadcasters.

The suit, filed at the Federal High Court in Lagos, is in response to a “Formal Notice” issued by the NBC, which threatened sanctions against broadcast stations and presenters for allegedly expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality.

SERAP and the editors are asking the court to determine whether the provisions of the Nigeria Broadcasting Code relied upon by the NBC violate the 1999 Constitution and Nigeria’s international human rights obligations.

In their filings, the groups argued that the relevant sections of the 6th Edition of the Broadcasting Code 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.”

They are also seeking an interim injunction restraining the NBC from imposing sanctions on broadcasters pending the determination of the suit, warning that continued enforcement would undermine constitutional rights.

“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 applicants argued.

The plaintiffs further maintained that journalistic expression includes commentary and analysis, which are protected under both Nigerian and international law.

“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 protected expression,” they stated.

They added that restrictions imposed by the NBC amount to prior restraint, arguing: “A blanket prohibition on the expression of ‘personal opinions by anchors and presenters’ amounts to an impermissible restriction to this right.”

The suit also questions the legality of the NBC’s reliance on undefined standards such as “professionalism,” which the applicants say could lead to arbitrary enforcement.

According to them, “The NBC’s reliance on an undefined and subjective standard of ‘professionalism’ introduces vagueness and opens the door to arbitrary enforcement.”

SERAP and NGE further contended that the provisions risk creating a chilling effect on the media, particularly ahead of the 2027 general elections.

“Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate,” they said.

They warned that such measures could entrench self-censorship and weaken the media’s role as a watchdog.

The applicants are seeking, among other reliefs, a declaration that several sections of the Broadcasting Code are unconstitutional, null and void, as well as a perpetual injunction restraining the NBC from enforcing the provisions.

Human rights lawyer Femi Falana (SAN) is leading the legal team representing SERAP and the editors.

No date has been fixed for the hearing of the suit.