NBC Takes Press Freedom Fight To Court Of Appeal
The National Broadcasting Commission has filed an appeal against a Federal High Court ruling that temporarily barred it from enforcing controversial sections of the 6th Edition of the Nigeria Broadcasting Code, escalating a legal battle that has placed press freedom at the centre of Nigeria’s regulatory debate.
The commission filed its Notice of Appeal on May 8, 2026, challenging an interim injunction granted by Justice Daniel Osiagor of the Federal High Court in Lagos, which restrained the NBC from using its formal notice to threaten, sanction or penalise broadcast stations over alleged violations including presenting personal opinions as facts, intimidating guests, or failing to maintain editorial neutrality.
“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 stated in its appeal document.
The commission is seeking orders to set aside the trial court’s ruling entirely, arguing that Justice Osiagor failed to properly evaluate evidence before him and erred in granting the application as presented by the claimants.
The injunction had been secured following an ex parte motion filed by the Socio-Economic Rights and Accountability Project and the Nigerian Guild of Editors, represented by Senior Advocate Adeyinka Olumide-Fusika. Their suit challenges several provisions of the broadcast code as arbitrary, unconstitutional, and inconsistent with Nigeria’s international human rights obligations.
Justice Osiagor’s May 4 ruling restrained the NBC, its officers and agents from imposing fines or enforcing sanctions tied to the contested sections of the code, pending the hearing and determination of the substantive motion.
SERAP and the NGE have vigorously defended the court’s position, arguing that regulatory powers cannot override constitutionally guaranteed freedoms.
“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 two organisations stated.
Following the NBC’s appeal, both groups announced they had directed their legal team to take immediate steps to oppose the commission’s action and defend the injunction.
“We remain firmly committed to protecting civic space, safeguarding freedom of expression, and defending media freedom in Nigeria,” SERAP and the NGE said, adding that they would pursue all available legal avenues to ensure regulatory authority is exercised within constitutional boundaries.
The matter has been adjourned until June 1, 2026, for hearing of the motion on notice, meaning the broadcasting industry faces continued uncertainty over the code’s enforceability in the interim.