NBC Appeals Court Order Halting Enforcement of Broadcast Code Provisions

The National Broadcasting Commission has appealed a ruling of the Federal High Court in Lagos restraining it from enforcing certain provisions of the Nigeria Broadcasting Code used to sanction broadcast stations and presenters over alleged bias and lack of neutrality.

The appeal followed an interim injunction granted by Justice Daniel Osiagor on May 4, 2026, which barred the NBC from enforcing a recently issued “Formal Notice” threatening sanctions against broadcasters accused of “expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.”

The order was granted after an ex parte application filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors. The applicants were represented by senior advocate Adeyinka Olumide-Fusika.

In a Notice of Appeal dated May 8, 2026, the NBC asked the Court of Appeal in Lagos to overturn the Federal High Court’s ruling.

Part of the notice 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…”

The commission said it was challenging the “whole decision” of the lower court and sought an order allowing the appeal and setting aside the entire ruling delivered by Justice Osiagor.

The NBC argued that the trial court failed to properly evaluate the evidence before it and erred in granting the application as requested by SERAP and the Nigerian Guild of Editors.

In the substantive suit, SERAP and the NGE had challenged what they described as an “arbitrary and unlawful attempt” by the NBC to punish broadcasters for allegedly expressing opinions as facts, intimidating guests, or failing to maintain neutrality.

The groups also questioned whether several provisions of the 6th Edition of the Nigeria Broadcasting Code were inconsistent with constitutional guarantees and Nigeria’s international human rights obligations.

Justice Osiagor, in his ruling, restrained the NBC and its agents from enforcing sanctions or levying fines on broadcasters based on multiple provisions of the code pending the hearing and determination of the motion on notice.

Reacting to the appeal, SERAP and the NGE insisted that the Nigerian Constitution and international human rights law protect freedom of opinion and expression, including journalistic opinion.

The organisations said they had instructed their lawyers to oppose the appeal and defend the interim injunction.

“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,” the groups said in a joint statement.

They added that they would continue pursuing legal avenues to ensure that regulatory powers are exercised within constitutional limits and in compliance with international human rights standards.