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Gag order: SERAP, editors sue NBC over threat to sanction broadcasters for expressing opinions
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The Socio-Economic Rights and Accountability Project (SERAP) and the Nigerian Guild of Editors (NGE) have filed a lawsuit before the Federal High Court in Lagos against the National Broadcasting Commission (NBC) over the alleged arbitrary, unconstitutional, and unlawful ‘Formal Notice’, which threatens to sanction broadcast stations and presenters for allegedly ‘expressing personal opinions as facts, bullying or intimidating guests, or failing to maintain neutrality.’”
The NBC had recently threatened to sanction broadcast stations and presenters who ‘express personal opinions as facts’ or ‘bully and intimidate guests,’ claiming it had ‘identified a sustained increase in breaches of the 6th Edition of the Nigeria Broadcasting Code across news, current affairs, and political programmes.’
In the suit marked FHC/L/CS/854/2026 and filed last Friday before the court, SERAP and NGE are asking the court “to determine whether the various provisions of the Nigeria Broadcasting Code relied upon by the NBC to threaten broadcasters are inconsistent with the Nigerian Constitution 1999 (as amended) and the country’s international human rights obligations.”
SERAP and NGE are asking the court for “a declaration that the provisions of the 6th Edition of the Broadcasting Code used by the NBC are vague and overly broad and constitute a fundamental breach of freedom of expression and media freedom guaranteed by the Nigerian Constitution and international human rights standards.”
SERAP and NGE are also seeking “an order of interim injunction restraining the NBC, its agents or privies, whether jointly or severally or any other authority from imposing sanctions on broadcast stations and presenters based on the patently unlawful provisions of the 6th Edition of the Broadcasting Code, pending the hearing and determination of the motion on notice filed simultaneously in this suit.”
In the suit, SERAP and NGE are arguing that: “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.”
SERAP and NGE are also arguing that, “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.”
Human rights lawyer, Mr Femi Falana (SAN) would lead a team of senior lawyers to represent SERAP and NGE in the lawsuit.
The originating summons, motion exparte, motion on notice and affidavit of urgency filed in court, reads in part: “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 to this right.”
“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.”
“The Nigerian Constitution is the supreme law, and any law that is inconsistent with it is null and void. The Nigeria Broadcasting Code, as subsidiary legislation, cannot override constitutional rights or exceed its enabling Act. Provisions that are vague and overly broad unlawfully restrict freedom of expression and must be struck down.”
“Under Article 27 of the Vienna Convention on the Law of Treaties, a State may not invoke the provisions of its internal law as justification for its failure to perform international treaties, including the human rights treaties to which Nigeria is a state party.”
“The Nigeria Broadcasting Code, as subsidiary legislation, is subject to the Nigerian Constitution and cannot override fundamental rights. Its vague and overly broad provisions grant excessive discretion and undermine freedom of expression. Such impermissible restrictions are unconstitutional and should be struck down.”
“The NBC’s claim of a ‘crisis of anchor and presenter professionalism’ as justification for restrictive measures is legally insufficient and cannot be a permissible ground of derogation from freedom of expression. Any limitation on the rights must be reasonably justifiable in a democratic society.”
“The blanket prohibition imposed by Section 1.10.3 of the Nigeria Broadcasting Code, which prohibits presenters from expressing opinions. This amounts to prior restraint that impermissibly excludes commentary, analysis, and value judgments—the core of journalism and democratic discourse.”
“Section 1.10.3 amounts to a form of prior censorship or restraint. Such a blanket restriction fails the legal tests of legality, necessity and proportionality required in a democratic society.”
“The NBC’s reliance on multiple vague provisions of the Broadcasting Code to classify a wide range of presenter conduct as ‘Class B breaches’ attracting sanctions is contrary to the Nigerian Constitution and international human rights law.”
“Section 39 of the Nigerian Constitution, article 9 of the African Charter on Human and Peoples’ Rights and article 19 of the International Covenant on Civil and Political Rights to which Nigeria is a state party guarantee the right to ‘receive and impart ideas and information without interference.’”
“Under the Nigerian Constitution and international human rights law, restrictions must pursue a legitimate aim and be necessary and proportionate. The NBC’s reliance on an undefined and subjective standard of ‘professionalism’ introduces vagueness and opens the door to arbitrary enforcement.”
“While the prohibition of misuse of broadcast platforms by political actors is a legitimate concern, it does not justify sweeping or repressive regulatory measures that infringe on fundamental human rights.”
“Addressing any alleged misuse must be grounded in lawful, precise, necessary, and proportionate responses that respect freedom of expression and editorial independence.”
“Ahead of the 2027 general elections, the NBC’s Formal Notice undermines Nigerians’ democratic rights to receive diverse information, hear competing political viewpoints, and engage in open debate.”
“Rather than curbing misuse, such measures risk entrenching self-censorship, limiting scrutiny of political actors, and weakening the media’s essential role in ensuring transparent, accountable, and credible elections.”
“While certain aims such as preventing harassment or ensuring fairness in broadcasting may be legitimate, the provisions as invoked by the NBC are vague, overbroad, and susceptible to arbitrary interpretation.”
“The threat of sanctions for broadly defined conduct creates a chilling effect on journalists and broadcasters, thereby undermining constitutional guarantees and international human rights standards.”
“The provisions of the Broadcasting Code are not formulated with sufficient precision to enable individuals regulate their conduct. The imposition of administrative sanctions without adequate procedural safeguards raises fair hearing concerns.”
“The NBC’s enforcement posture transforms regulatory oversight into a regime of indirect censorship. While the regulation of misinformation may constitute a legitimate aim, the prohibition on presenters expressing ‘personal opinion as fact’ is framed in vague and overly broad terms that fail the requirement of legal certainty.”
“The absence of clear definitions distinguishing fact from opinion renders the provision prone to arbitrary application, thereby creating a chilling effect on legitimate journalistic expression and debate.”
“Although the prevention of harassment in broadcasting is a legitimate regulatory objective, the provisions of the NBC’s notice prohibiting ‘bullying or intimidation’ lack clear and objective criteria, and fail the requirement of precision and foreseeability.”
“The undefined scope of ‘bullying’ or ‘intimidation’ risks capturing critical or adversarial questioning, which is an essential feature of investigative journalism and democratic discourse.”
“The notice would also seriously undermine the media’s constitutional role as a public watchdog because any regulation that discourages rigorous questioning undermines this function.”
“The requirement that broadcasters must always provide ‘fair hearing to opposing views, while ostensibly grounded in principles of balance, imposes an impermissible form of compelled speech and editorial control.”
“Apart from explicitly undermining editorial independence, such a requirement also suppresses legitimate expression, and disregards the autonomy of journalists and media houses. The requirement may also unduly burden or distort programming, particularly in formats such as commentary or opinion-based shows.”
“The classification of the alleged conduct as a ‘Class B breach’ attracting sanctions, including fines or suspension, constitutes a disproportionate interference with freedom of expression and raises serious due process and fair hearing concerns.”
“The Nigerian Constitution and international human rights law provide that individuals and entities are entitled to fair hearing before the imposition of penalties. Similarly, sanctions affecting expression must be strictly necessary and proportionate.”
“The imposition of punitive measures based on vague and broadly defined infractions creates a chilling effect on broadcasters, discouraging legitimate journalistic activity and undermining democratic discourse. Such a regime of sanctions also amounts to indirect or prior censorship.”
SERAP and NGE are therefore asking the court for the following reliefs:
1. A DECLARATION that 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, by reason of their vagueness and imprecision, constitute a breach of the rights to freedom of expression and opinion and access to information as guaranteed by the Nigerian Constitution and the country’s international human rights obligations.
2. A DECLARATION that 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 are overbroad, vague and fail to provide citizens and broadcasting stations with sufficient notice of what constitutes a breach, and are consequently unlawful, unconstitutional, null and void.
3. AN ORDER of the Court nullifying and setting aside 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 for being inconsistent with, and amounting to a fundamental breach of the rights to freedom of expression and opinion, and access to information as guaranteed under the Nigerian Constitution, the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
4. AN ORDER OF PERPETUAL INJUNCTION restraining the NBC, whether jointly or severally or any other authority, person or group of persons from enforcing, imposing sanctions, or levying fines on broadcast stations and presenters 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.
No date has been fixed for the hearing of the interim application and the substantive suit.
In an era defined by geopolitical competition, trade wars, sanctions regimes, and shifting alliances, one phrase has migrated from European policy papers to the heart of African diplomacy: “Strategic Autonomy”.
For Nigeria, this is not a new experiment in isolation, nor is it a nostalgic return to Cold War non-alignment. As I outlined in a recent address from the Ministry of Foreign Affairs in Abuja, it is something far more direct and more urgent.
Strategic autonomy is alignment to Nigerian national interest. Once you are clear in what constitutes your national interest, you align with those interests regardless of which party is at the receiving end. That is the foundation. I am aware of scholarly publications that was recently put together by the Nigerian Institute of International Affairs on the subject.
While the Ministry prepares the full concept note charting new fronts in a multi polar world, let me share the preliminary framework guiding Nigeria’s foreign policy under President Bola Ahmed Tinubu.
Our goal is simple: to ensure that Nigeria, and by extension Africa, is not an object of geopolitics, but a subject that defines its own future.
What Strategic Autonomy means for Nigeria and Africa
Strategic autonomy is often misunderstood as withdrawal. It is the opposite. It is engagement on our terms. Today, Nigerian Foreign Policy has shifted. Gone is the era of reactive alignment. The Tinubu 4Ds agenda is anchored on strategies that are clearly designed to bring succor to Nigerians. The deliberate pursuit of Nigeria’s national interest across economic, security, technological, and diplomatic domains, without being locked into any single bloc. Nigeria’s strategic autonomy rests on 5 pillars in a world of continuous alignment. Together, they form the blueprint for how Nigeria engages a world that is no longer unipolar, but contested, transactional, and opportunity-rich.
NATIONAL INTEREST, NIGERIA FIRST
Alignment to Nigerian national interest is the guiding rule. For Nigeria, Foreign Policy begins at home. Every treaty, partnership, and diplomatic gesture is measured against one question: does it deliver jobs, infrastructure, security, defence and dignity for Nigerians?
This principle was tested in the enforcement of the One China Policy. When diplomatic lines were blurred, the Ministry acted decisively: relocating trade missions from Abuja to Lagos, Nigeria’s commercial hub, and reaffirming that Nigeria speaks with one voice. There is no room for diplomatic blunder in Nigeria. The message is clear: Nigeria will be a partner, not a pawn. Strategic autonomy means clarity of position first, and flexibility in tactics second.
ECONOMIC DIVERSIFICATION
AfCFTA + global partnerships like China’s zero-tariff access. Nigeria is done with aid-for-diplomacy. The new model is trade-for-growth. Under President Bola Ahmed Tinubu’s Renewed Hope Agenda, Nigeria is leveraging two levers simultaneously:
1. Continental integration through the African Continental Free Trade Area, to build regional value chains.
2. Global partnerships that open markets. China’s zero-tariff policy for eligible Nigerian exports is a case in point, creating new pathways for agriculture, manufacturing, and solid minerals to reach 1.4 billion consumers.
From the Lagos-Calabar coastal transport system to industrial parks in Ogun and Lekki, Chinese, European, and Gulf investments are being steered toward productive sectors. The goal is not dependency, but diversification: more partners, more markets, more Nigerian-made exports.
SECURITY SOVEREIGNTY
African-led, but open to any partner that delivers results. Nigeria’s security doctrine is rooted in the principle that Africans must lead African solutions. ECOWAS, the AU, and regional counter-terrorism frameworks remain central.
But strategic autonomy also means pragmatism. On terrorism, maritime security in the Gulf of Guinea, and cyber threats, Nigeria is open to cooperation with any partner, East or West that brings intelligence, technology, and capacity without conditions that undermine sovereignty. The benchmark is simple: results for Nigerian communities. Partnerships are judged not by ideology, but by impact on the ground.
TECHNOLOGICAL AGENCY
Build, don’t just buy. Lead in AI and digital infrastructure. The 21st century will be won on data, chips, and talent. Nigeria refuses to be only a consumer. This is the essence of Minister Bosun Tijjani’s reforms in our digital ecosystem. Through partnerships in 5G, fiber optics, and smart cities, Nigeria is negotiating technology transfer, not just procurement. Engagement with the World Artificial Intelligence Organization and related partnerships signal intent: to move from adoption to authorship.
The aim is to build domestic capacity in AI, fintech, and digital governance, so that Nigerian developers, not just foreign vendors, shape the platforms used daily by 200 million Nigerians. Technological agency is sovereignty in the digital age.
DIPLOMATIC FLEXIBILITY
Engage all major powers without being locked into one camp. In a multipolar world, alignment is a choice made per issue, not per decade. Nigeria maintains a Comprehensive Strategic Partnership with China on infrastructure and more. It deepens trade and security ties with the US and EU. It expands South-South cooperation with India, Brazil, and the Gulf. It leads on the continent through AfCFTA and AU reform.
This is not non-alignment. It is multi-alignment: engaging all, belonging to none, and extracting maximum value for Nigeria from each relationship. Strategic autonomy is alignment to Nigerian national interests. Nigeria’s 5 Pillars offer more than a foreign policy. They offer a template for mid-sized and emerging powers navigating great power competition. It is a policy of conviction without rigidity. Of partnership without dependence. Of ambition without illusion.
Nigeria will continue to deepen partnerships that deliver infrastructure, jobs, and technology, but always on Nigerian terms. In 2026, the measure of sovereignty is not who you oppose. It is what you are able to build.
We can no longer afford an economy built only on exporting raw materials to one market and importing finished goods from another. The African Continental Free Trade Area gives us the platform to build regional value chains. At the same time, we must diversify globally. This is why we welcome China’s decision to grant zero-tariff treatment to 53 African countries, while we simultaneously deepen trade with the EU, the US, the Gulf, and our neighbors in ECOWAS. No single partner can meet all our development needs, and we will not be dependent on any one.
The primary duty of any government is the protection of its citizens. That principle must guide our security partnerships. African-led solutions through the AU and ECOWAS remain our first choice. But we will not outsource our judgment. We greatly appreciate the US but if any country says he can help me to wipe out terrorism in Nigeria in the next two weeks, will I say because I’m friend to the US I will not agree? No,”. The safety of Nigerians comes first. Strategic autonomy means we evaluate every security offer by one metric: does it deliver peace, security and stability for our people?
In a multipolar world, we must talk to everyone and be forced to choose no one. This is not duplicity. It is maturity. We have demonstrated this in recent weeks. We condemned Afrophobic attacks in South Africa because the dignity of Nigerians abroad is non-negotiable. We pushed the agenda at the recent ECOWAS Summit in Freetown Sierra Leone where President Tinubu’s voice was clear and unambiguous. At the same time, we are preserving and strengthening the Nigeria-South Africa strategic partnership because both countries benefit from trade, investment, and regional leadership. That is strategic autonomy in practice.
The 4D Agenda meets a fragmenting World
The global shifts make this doctrine necessary today. Today, we have multipolarity. The unipolar moment has passed. Power is diffused across Washington, Beijing, Brussels, New Delhi, Riyadh, and other capitals. Under President Tinubu’s 4D Foreign Policy Agenda: Demography, Development, Diaspora and Democracy — Nigeria’s diplomacy is calibrated to one question: what does this mean for Nigerian citizens? Ideological blocs are secondary to results.
Africa has 60% of the world’s youngest population. By 2050, one in four people on earth will be African. Nigeria will be the third most populated country in the world by 2050. We cannot allow our future to be scripted by others. We must define our own development model, centered on jobs, skills, and innovation. In this context, some analysts have described our approach as “pragmatism devoid of doctrine.” I disagree.
“I don’t agree with that kind of characterization. Everything foreign policy is about national interest,”. What we are doing is giving that age-old principle a modern name and structure. We are drawing from our own history. As one of my lecturers at the University used to say, “ non-alignment is alignment to your national interest.” That remains true. Doctrine without delivery is rhetoric. For strategic autonomy to produce tangible benefits, Africa must take deliberate steps.
We must fully implement AfCFTA to unlock a $3.4 trillion single market. That means reducing tariffs, harmonizing standards, and building cross-border infrastructure. We must invest heavily in energy and infrastructure. No factory runs without power. No trade happens without roads, rail, and ports. Strategic autonomy requires industrial power.
Africa must speak with one voice in global forums — at the UN, G20, and WTO. Africa’s 54 countries carry more weight together than separately. It is time to protect and deepen democratic institutions. Autonomy should never be confused with authoritarianism. The legitimacy of our choices comes from the consent of our people.
Let me be clear. Strategic autonomy is not about turning our backs on partners. It is about choosing partners freely. It is the right to trade with anyone, learn from everyone, and be dominated by no one. The world is fragmenting into blocs. Africa’s best option is not to join a bloc, but to become a bloc ourselves — economically integrated, politically coherent, and diplomatically confident.
Written by Ambassador Sola Enikanolaiye,
Minister of State for Foreign Affairs, Federal Republic of Nigeria
News
Bode George Still Angry Over His Failed PDP National Chairmanship Bid, No Regret Stopping Him – Wike
The Federal Capital Territory (FCT) Minister, Nyesom Wike, has said that he had no regret Stopping Peoples Democratic Party (PDP) former Deputy National Chairman, Chief Bode George, from becoming the party National Chairman, saying; “his anger is because we didn’t allow him to be PDP National Chairman and no regret doing so.”
In a statement on Saturday, by his Senior Special Assistant on Public Communications and Social Media, Lere Olayinka, the FCT Minister said the political frustration of Bode George has further been compounded by the emergence of Deji Doherty, a personality he does not want to see as the one in charge of the party in Lagos State.
“He wanted to be PDP National Chairman, and was carrying on like the position was his birthright. We stopped him because it was the turn of the South-South. Since then, he has not stopped being angry.
“As a sitting governor, I visited his house in Maitama, Abuja, to appease him after the national convention, his wife attempted to walk me out, but for the intervention of former governor of Ondo state, Olusegun Mimiko,” the minister said.
He described Bode George as a failed politician, who despite all the privileges and power has not won anything for the PDP in Lagos State since 1999, adding that “We have managed him even though we know that he has no value. But as it is, since he wants to keep dancing naked in the market place of politics, we can’t but allow him.”
The Minister reiterated that leadership of a political party is not by name, title or being a founding father. Rather, it is about what you are able to bring to the table in terms of winning elections, and in this regard, Bode George is a complete disaster.
“Even his Unit 001 in Ward E2, Evans Street, Lagos Island, he has never won for the PDP. In 2019 Presidential election, APC had 84 votes while PDP had 40. In the 2023 elections, he transferred his voter’s card to Eti Osa, PDP had four votes in his polling unit,” Wike said.
Wike said since it appeared that he (Bode George) is not busy, he will continue to make his likes busy by creating reason for them to jump from one television station to the other.
News
Association of Medical, Dental Academics in Nigeria gives FG three week ultimatum or face strike
The Nigerian Association of Medical and Dental Academics (NAMDA) has given the Federal Government a three-week extension to conclude negotiations over its outstanding demands, warning that failure to reach an agreement could trigger a three-day warning strike.
The association issued the ultimatum in a communiqué released to journalists in Uyo on Friday, following its Emergency National Executive Council (E-NEC) meeting.
The communiqué, endorsed by the President, Nosa Orhue, and the Acting Secretary-General, Aniekan Peter, said the extension would run until August 31, 2026.
It stated, “A three-week timeline extension was adopted for a possible further consideration. E-NEC further resolved that the extension period should be utilised by government to resolve all outstanding issues.
“Failure to achieve meaningful resolution at the expiration of the period ending on the 31st of August 2026 shall result in the declaration of a three-day warning strike to be announced by NOC.”
NAMDA also directed all its branches nationwide to engage their members through congresses and sensitisation programmes at least twice during the extension period.
The branches are expected to submit evidence and reports of the mobilisation activities to the National Executive Council through the secretariat, indicating their level of preparedness for possible strike action.
The association expressed concern over what it described as the government’s reluctance to conclude negotiations, while commending the Department of State Services (DSS) and other stakeholders for their interventions in the process.
NAMDA also appreciated its members for their patience and cooperation in maintaining stability within the university system.
The association further lamented the alleged neglect of medical education and training amid the shortage of medical and dental doctors and the increasing migration of professionals, popularly known as the “Japa” syndrome.
It reaffirmed its commitment to pursuing the full implementation of all approved benefits for medical and dental lecturers and urged its members to comply with all directives and decisions reached at the meeting.
STRATEGIC AUTONOMY: NIGERIA’S DOCTRINE FOR SELF-DETERMINATION IN A MULTIPOLAR WORLD
Bode George Still Angry Over His Failed PDP National Chairmanship Bid, No Regret Stopping Him – Wike
Association of Medical, Dental Academics in Nigeria gives FG three week ultimatum or face strike
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