Backlash trails NBC’s threat  of sanctions for criticizing Tinubu’s failures

…as NGE, SERAP sue the regulator 

Adebayo Obajemu 

A volley of  reactions has followed  the National Broadcasting Commission’s warning to broadcasters that breaches of the Nigeria Broadcasting Code will lead to punitive sanctions ahead of the 2027 general elections, especially open criticism of government and exposing the failures of President Bola Tinubu’s policies. Most Nigerians have been affronted by the temerity of the President to seek a second term in the midst of excruciating hardship in the country and the high level insecurity which has been attracting attention and comments of observers.

The  Commission’s  warning to broadcasters was  over rising cases of unethical conduct among presenters and anchors, cautioning that continued violations of the Nigerian Broadcasting Code would be met with sanctions. But it didn’t define what is unethical which is a cover for any offense against the broadcasters. It is obvious that the NBC was acting under pressure as the court has said they lack the authority to sanction any media house outside clearly defined legal breaches. Unethical is not a legal offense defined by law.

It warned  against ethical breaches in news and political programming, threatening sanctions for breaches of the Nigeria Broadcasting Code. The directive prohibits airing personal opinions, bullying guests, or failing to maintain neutrality.

The directive warned stations against allowing guests to discuss divisive issues, bullying guests, and presenters expressing personal opinions as facts.

It stated that henceforth, there will be stricter enforcement on fairness, accuracy, and balance, particularly regarding political coverage ahead of the 2027 elections.

Unfair Position

The unfairness of the directive derive from the fact that the failing of this government is monumental and really irredeemable, and it is a herculean task find enough facts to balance the the failing with the positives. There really are not much positives to find find about this regime. NBC, in essence, is threatening broadcasters to force the successes of government even when such have no impact on the life of Nigerians. The forgot that it was propaganda and media bashing that brought the APC to power, which Tinubu championed as the controller of the Lagos -Ibadan media.

Specifically,  presenters and anchors are warned against presenting personal opinions as facts or allowing guests to intimidate others. According to the Commission, infractions are classified as Class B breaches, which can result in severe sanctions, including fines or suspension of operating licenses.

It said the notice applies to all broadcast stations, urging them to avoid content that could encourage crises or undermine national security.

But reactions have been swift and hard-hitting. Some Nigerians and media practitioners, who spoke to  Business Hallmark, noted that most of the government oversight agencies, including NBC, are protective of the establishment, and are quick with zeal to react if the matter concerns ordinary Nigerians and journalists doing their job, but are often reluctant to act when it concerns the establishment or powerful individuals.

Backlash and Double Standard

Dr. Abimbola Oriade, a sociologist, told BH that “not too long ago, the minister of the Federal Capital Territory (FCT), Nyesom Wike, openly threatened a journalist with Channels Television using a vile language. In a normal clime, he would have been a subject of interest to the police and NBC, but nothing happened. He warned that the country can not develop when its institutions and agencies are loyal to powerful individuals rather than to the law and constitution.

Another commentator, Chuks Anyanwu, a medical doctor, told BH that “these agencies have no credibility, they only show muscle when they want to play the yeoman for the government, and eager to punish journalists or ordinary Nigerians when there’s alleged infraction of a code, but they are eager to overlook same from the powerful member of the political class or connected elite. It’s unfair. I know that most times, these broadcast stations go overboard, but they can be cautioned and educated and not threatened,” he said.

The Socio-Economic Rights and Accountability Project has called on President Bola Tinubu to immediately withdraw the directive, labelling it unlawful and a threat to press freedom. Similarly, former Vice President Atiku Abubakar considers the threat an effort to silence the media and limit free  expression in Nigeria.

In view of this order of NBC, not only has there been significant criticism but also  legal challenges have emerged.

The Court Decide

On April 24, 2026, SERAP and the Nigerian Guild of Editors (NGE) filed a lawsuit (FHC/L/CS/854/2026) against the NBC over the “arbitrary, unconstitutional, and unlawful” threats to sanction stations.

Recall that there had been previous court rulings prior to this latest development. Legal experts noted a 2023 Federal High Court judgment that declared the NBC lacks the authority to unilaterally impose fines and sanctions on stations and has  rendered the current threats legally questionable.

Broadcast platforms must not be used for hate speech, personal attacks, or content inciting disorder along political lines. The Code places a non-transferable obligation on broadcasters to always exercise editorial judgment, including during Live programming ”.

“As we approach the 2027 General Elections, the Commission, hereby, notifies all broadcasters and stakeholders that it will enforce strict and uncompromised compliance with every provision of the Nigeria Broadcasting Code, particularly those relating to fairness, balance, accuracy, hate speech, incitement and respect for constitutional bodies,” the statement partly reads.

The broadcasting regulation body further stressed that due to the departure from the core principles of broadcast journalism in clear violation of the ethical standards enshrined in the Nigerian Broadcasting Code, it now mandated that “the Broadcaster shall ensure that its Presenter does not express his or her opinion in the programme, as a matter of professional standard.”

“All sides to any issue of public interest are equitably presented for fairness and balance. All sides to an issue are equitably presented, preferably in the same broadcast. The broadcaster shall, in using political materials for news and current affairs programmes, avoid hate speech, inflammatory, derogatory and divisive remarks or allusions.”

Recall that the Electoral Act 2026 also provides the principal statutory framework for regulating electoral processes, including equal access to media platforms and transparent use of such platforms during the electioneering period.

Media Agencies Disagree

‘But SERAP disagreed and  call on Tinubu  to “direct the Minister of Information and the NBC to immediately abstain from imposing prior censorship on broadcast stations and Nigerian journalists, including presenters, and to allow them to freely carry out their constitutional responsibilities and exercise their fundamental human rights.”

SERAP also urged him to “direct the NBC to urgently prepare amendments to the unlawful sections of the Broadcasting Code relied upon by the NBC and to ensure that these provisions comply fully with the Nigerian Constitution 1999 [as amended] and the country’s international human rights obligations.”

In the letter dated 18 April 2026 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The NBC’s notice represents a dangerous attempt to impose prior censorship on the media and suppress legitimate journalistic expression.”

“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 guarantee the right to ‘receive and impart ideas and information without interference.’”

Atiku Abubakar Condemns the Code

In a statement, Alhaji Atiku Abubakar, former Vice President and a frontline opposition leader, said, “The Code of Conduct advisory issued by the National Broadcasting Commission is yet another troubling attempt to muzzle the media and shrink the space for free expression in Nigeria.

“Our media industry has grown into a formidable institution, respected globally for its resilience and professionalism. It is, therefore, alarming that, each time elections approach, the NBC resorts to heavy-handed directives that do more to silence dissent than to uphold ethical journalism.

“I stand firmly with Nigeria’s broadcast industry and all media platforms resisting this creeping censorship.

But a media scholar, Dr. Oluseyi Odetola, told Business Hallmark that “while I’m not supporting NBC doing hatchet job for politicians ahead of 2027 election, while ignoring the same inflammatory statement from some key political actors like Wike, who threatened a journalist, it’s the duty of broadcast stations to stop or edit inflammatory statement or rhetoric.