A legal practitioner, Confidence Mbang, Esq., has urged the National Broadcasting Commission to reject a petition seeking the suspension of Big Brother Naija from DStv, arguing that an outright ban would be unconstitutional, disproportionate, economically damaging and contrary to public interest.
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Mbang made the argument in a counter-presentation dated May 29, 2026, addressed to the Director-General of the NBC in response to a petition by T. V. Ramnap, Esq., dated May 25, 2026, which demanded the suspension of the reality television programme from the broadcast platform of MultiChoice Nigeria Ltd.
In the counter-presentation, Mbang said the petitioner’s demand was “legally unsound, constitutionally questionable, disproportionate as a regulatory response, and contrary to public interest.”
He urged the NBC to decline the request for suspension and, where necessary, apply proportionate and targeted regulatory measures instead of shutting down the programme.
According to him, while the petitioner relied on Sections 21, 22 and 23 of the 1999 Constitution, which deal with culture, mass media obligations and national ethics, such reliance was selective and incomplete.
Mbang argued that the same Constitution also protects fundamental rights under Chapter IV, including the right to fair hearing, privacy and freedom of expression.
He said any attempt to suspend Big Brother Naija without a full, fair and transparent hearing would violate the right of MultiChoice and other affected broadcasters to fair hearing.
He further argued that housemates on the programme are consenting adults who voluntarily participate in the show, adding that their autonomy and privacy are also constitutionally protected.
On freedom of expression, he maintained that a blanket suspension of a television programme would amount to a disproportionate interference with the rights of broadcasters, content creators and viewers to receive and impart ideas and information.
“The Commission is not merely a guardian of cultural values; it is a constitutional machinery bound by its full weight, including its fundamental rights provisions,” he stated.
Mbang also contended that the NBC Act and the Nigeria Broadcasting Code do not support an immediate outright suspension of the programme.
He said the regulatory powers available to the NBC include warnings, directives to correct or remove offending content, fines, reduction of broadcast hours, suspension and revocation of licence, depending on the classification of the violation.
According to him, alleged indecency or obscene content under the NBC Code falls under Class B offences, not Class A offences that attract immediate suspension or shutdown.
He said the proper regulatory response should begin with warning, correction, takedown orders, content editing, access restrictions or financial sanctions where specific breaches are established.
“There is no evidence that the Commission has first issued a formal warning to MultiChoice, directing the editing or alteration of specific offending segments, imposing financial sanctions, or requiring the implementation of enhanced content controls,” he argued.
He added that suspending the programme without first exhausting intermediate regulatory measures would be legally indefensible and vulnerable to judicial review.
Mbang also drew attention to the fact that Big Brother Naija is not broadcast on free-to-air television, but on DStv, a paid subscription platform requiring deliberate access by subscribers.
He argued that viewers do not accidentally stumble on the programme, as they must subscribe and choose to watch it.
He said this weakens the argument for outright suspension and supports the need for targeted regulation such as stronger parental controls, age classification, content advisories and stricter watershed-hour enforcement.
On the economic dimension, Mbang described Big Brother Naija as a major economic asset in Nigeria’s creative industry.
He said the programme generates advertising revenue, supports jobs for producers, crew members, marketers, digital content creators and other young Nigerians, while also promoting Nigerian entertainment globally.
He argued that the NBC must consider the economic impact of suspension, especially in a country facing high youth unemployment.
The lawyer also said the cultural argument against Big Brother Naija was overstated, noting that Nigeria is a diverse country with hundreds of ethnic groups and several cultural standards.
According to him, there is no single uniform Nigerian cultural standard by which a television programme can be judged.
He said culture is not static and regulatory intervention should not attempt to freeze cultural expression at one point in time.
As an alternative to suspension, Mbang recommended enhanced content classification, stricter watershed enforcement, editorial standards directives, financial sanctions for specific breaches, mandatory access controls and a formal industry dialogue involving NBC, broadcasters, civil society groups, consumer groups and the creative industry.
He said the petitioner’s complaint may raise legitimate questions about broadcast standards, but does not provide sufficient legal or constitutional basis for the suspension of Big Brother Naija.
In his conclusion, Mbang said the mandate of the NBC is regulation, not suppression.
“The Commission’s mandate is not suppression, it is regulation. The distinction is constitutionally and legally fundamental,” he stated.
He added that Big Brother Naija “can and should be regulated” but “should not be silenced.”
The counter-presentation was signed by Confidence Mbang, Esq., LL.M, AICMC, Principal Consultant at Confidence Mbang Legal.
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