NBC Appeals Court Order Restricting Broadcast Code Sanctions
The National Broadcasting Commission has appealed a ruling by the Federal High Court in Lagos that temporarily barred it from enforcing parts of the controversial 6th Edition of the Nigeria Broadcasting Code against broadcasters and presenters.
The appeal follows an interim injunction granted by Justice Daniel Osiagor, restraining the commission from using its recent formal notice to threaten, sanction, or punish broadcast stations over alleged infractions such as presenting opinions as facts, intimidating guests, or failing to maintain neutrality.
The order was issued after the court heard an ex parte motion filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors, represented by Adeyinka Olumide-Fusika (SAN).
In its Notice of Appeal dated May 8, 2026, the NBC expressed dissatisfaction with the ruling and urged the Court of Appeal in Lagos to overturn the decision.
The commission stated:
“Take notice that the appellant, being dissatisfied with the decision of the Federal High Court delivered by Justice Daniel Osiagor sitting at Lagos, contained in the ruling of the court delivered on May 4, 2026, hereby appeals to the Court of Appeal, Lagos.”
The NBC said it was challenging the entire ruling and seeking an order setting aside the decision of the trial court.
Among its grounds of appeal, the commission argued that the trial court failed to properly evaluate the evidence before it and erred in granting the reliefs sought by the claimants.
The legal action instituted by SERAP and the Nigerian Guild of Editors challenges several provisions of the broadcast code, which the groups described as arbitrary and unlawful attempts to penalise broadcasters for editorial expression.
The suit also questions whether portions of the code are inconsistent with the Nigerian Constitution and the country’s international human rights obligations.
In his ruling delivered on May 4, 2026, Justice Osiagor restrained the NBC, its officers, and agents from enforcing sanctions or imposing fines under the disputed sections of the code pending the hearing and determination of the substantive suit.
SERAP and the NGE defended the court’s decision, insisting that freedom of expression protections extend to journalistic opinion.
“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,” the groups said.
Responding to the appeal, SERAP and the NGE stated that their lawyers had been directed to take immediate legal steps to oppose the commission’s action and defend the interim injunction.
The groups reaffirmed their commitment to protecting civic space and media freedom in Nigeria.
“We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria,” they said.
They added that they would continue to pursue all legal avenues to ensure that regulatory powers are exercised within constitutional limits and in line with Nigeria’s international human rights obligations.
The matter has been adjourned until June 1, 2026, for the hearing of the motion on notice.