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 describe as an unconstitutional attempt to regulate media content and restrict freedom of expression.

The suit, filed at the Federal High Court in Lagos, contests a recent “Formal Notice” issued by the NBC warning broadcasters and presenters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality on air.

SERAP and NGE argue that the provisions of the 6th Edition of the Nigeria Broadcasting Code relied upon by the NBC are vague, overly broad, and inconsistent with the 1999 Constitution (as amended), as well as Nigeria’s international human rights obligations.

The groups are asking the court to declare the contested sections unlawful and to restrain the NBC from enforcing sanctions based on those provisions. They also seek an interim injunction preventing any punitive action against broadcasters pending the determination of the case.

In their filings, the plaintiffs contend that journalism inherently involves analysis, commentary, and opinion, which are protected forms of expression. They argue that prohibiting presenters from expressing opinions amounts to prior restraint and undermines democratic discourse.

They further maintain that the NBC’s reliance on undefined terms such as “professionalism,” “bullying,” and “intimidation” creates room for arbitrary enforcement and could discourage critical reporting and investigative journalism.

According to the suit, restrictions on media expression must meet legal standards of necessity, proportionality, and clarity—requirements they say the current code fails to satisfy. The plaintiffs warn that the threat of sanctions could lead to widespread self-censorship among journalists.

The case is being led by human rights lawyer Femi Falana, who is representing both organisations.

SERAP and NGE also argue that the NBC’s directive could negatively impact public access to diverse viewpoints, especially as Nigeria approaches the 2027 general elections, where open debate and media scrutiny are considered critical.

They are asking the court to nullify specific sections of the broadcasting code and issue a perpetual injunction preventing the commission from enforcing them.

No date has yet been fixed for the hearing of the case.