A FEDERAL High Court in Lagos has barred the National Broadcasting Commission (NBC) from implementing its recent directive seeking to penalise broadcast organisations and on-air personalities for expressing their views on the nation’s politics.

The decision was delivered by a judge, Daniel Osiagor, who approved temporary order stopping the regulator from taking action under the disputed sections of the broadcasting rules. The order followed an urgent application brought before the court by the Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors.

Recall that The ICIR reported that the NBC issued a notice warning broadcasters over alleged rising violations of its codes.

It said some programmes had fallen short of accuracy and fairness, calling for stricter enforcement of the codes ahead of the 2027 elections. The commission also flagged presenters for pushing personal views as facts, intimidating guests, and limiting opposing opinions, warning that such actions would attract sanctions.

The litigation, filed by Adeyinka Olumide-Fusika, a senior advocate, questioned the legality of the commission’s move, which the litigants said attempted to gag presenters.

In granting the order, the judge directed that the NBC and its representatives must not enforce or rely on the identified sections of the 6th edition of the Nigeria Broadcasting Code to issue fines or sanctions against any station until the court fully decides the matter.

“It is hereby ordered as follows: 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 for an order of interlocutory injunction filed simultaneously in this suit.”

The matter has been fixed for June 1, 2026, when the court will hear further arguments on whether those provisions should be permanently set aside.

In their suit, SERAP and the editors’ body are asking the court to decide if the rules being used by the NBC go against the Nigerian Constitution and international treaties on human rights.

They argued that without the court’s intervention, broadcasters could continue to face punishment for simply carrying out their duties and exercising their 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,” they said.

The groups also stressed that freedom of expression covers more than just reporting facts.

“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.”

Court documents further explained why they believe the restrictions are excessive.

“Value judgments are not susceptible of proof and enjoy heightened protection. Journalism necessarily includes analysis and commentary. The right to impart ideas necessarily includes opinions, commentary, and analysis. A blanket prohibition on the expression of personal opinions by anchors and presenters’ amounts to an impermissible restriction of this right.”

They maintained that media professionals should not be stopped from analysing issues or sharing informed perspectives, as that forms a key part of journalism and democratic engagement.

“Journalists are entitled to express their opinions as a matter of professional standard, including commentary and analytical expression, which lie at the very core of journalistic practice and democratic discourse.”

Reacting to the ruling, SERAP and the Nigerian Guild of Editors described it as a major step for press freedom and accountability.

“This is a significant victory for freedom of expression, media freedom, and the rule of law in Nigeria. The court’s decision to restrain the NBC from enforcing these vague and overly broad provisions affirms the fundamental principle that regulatory powers must be exercised within constitutional limits.”

They urged the NBC to obey the court’s directive and review its guidelines to align with constitutional protections and global human rights standards.

“This ruling sends a clear message: freedom of expression is not a privilege to be granted or withdrawn by regulators, it is a fundamental right that must be respected, protected, and upheld at all times.”