The National Broadcasting Commission has appealed a ruling of the Federal High Court in Lagos that temporarily restrained it from enforcing parts of the controversial 6th Edition of the Nigeria Broadcasting Code against broadcasters and presenters.
- +NBC appeals court order restricting broadcast code sanctions
The appeal follows an interim injunction granted by Justice Daniel Osiagor, which stopped the commission from using its recently issued formal notice to threaten, sanction or punish broadcast stations over alleged violations such as presenting personal opinions as facts, intimidating guests, or failing to maintain neutrality.
The appeal follows an interim injunction granted by Justice Daniel Osiagor, which stopped the commission from using its recently issued formal notice to threaten, sanction or punish broadcast stations over alleged violations such as presenting personal opinions as facts, intimidating guests, or failing to maintain neutrality.
The court order was granted after arguments on 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 asked 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 4th May 2026, doth hereby appeal to the Court of Appeal, Lagos.”
The NBC said it was challenging the entire decision and is seeking orders allowing the appeal and setting aside the trial court’s ruling.
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 application as requested by the claimants.
The legal challenge by SERAP and the Nigerian Guild of Editors contests several provisions of the broadcast code, which they describe as arbitrary and unlawful attempts to penalise broadcasters for editorial expression.
The suit specifically 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 based on several sections of the code pending the hearing and determination of the substantive motion.
SERAP and the NGE have 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 a protected expression,” the groups stated.
Responding to the appeal, SERAP and the NGE said they had directed their lawyers to take immediate legal steps to oppose the commission’s action and defend the interim injunction.
They reaffirmed their commitment to safeguarding 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,” the groups said.
They added that they would continue to pursue all legal avenues to ensure 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.
